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Imprint, data protection and legal information.

Below you will find the legally required information according to § 5 TMG for the provider identification of this website. We also provide you with further legal information such as terms and conditions and EKBs for your perusal.

Imprint | Privacy Policy | Privacy Settings | General Terms and Conditions | General Terms and Conditions of Purchase

Imprint

innovatiQ GmbH + Co KG
Kapellenstraße 7
85622 Feldkirchen
Germany

Phone: +49 89 2488986 - 0
Fax: +49 89 2488986 - 99
E-mail:info@innovatiq.com

Register court: Local court Munich
HRA 113335

Tax number: 143/533/00718
Sales tax identification number according to §27a of the sales tax law: DE337758369

General partner:
innovatiQ Verwaltungs GmbH, HRB 261526,
Managing Director:
Florian Bautz

Responsible for the content ( according to § 55 Abs. 2 RStV):
Florian Bautz

Notice in accordance with the Online Dispute Resolution Regulation

Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found here: http://ec.europa.eu/odr. Our email is: info@innovatiq.com
However, we would like to point out that we are not prepared to participate in the dispute resolution procedure within the framework of the European Online Dispute Resolution Platform. Please use our email and telephone number above to contact us.

Notice in accordance with the Consumer Dispute Resolution Act (VSBG)

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Legal information

§ 1 Content warning

The free and freely accessible content of this website has been created with the greatest possible care. However, the provider of this website assumes no liability for the accuracy and timeliness of the free and freely accessible journalistic guides and news provided. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. No contractual relationship is established between the user and the provider simply by accessing the free and freely accessible content; in this respect, the provider's intention to be legally bound is lacking.

§ 2 External links

This website contains links to third-party websites ("external links"). These websites are subject to the liability of the respective operators. When the external links were first created, the provider checked the third-party content for any legal violations. No legal violations were apparent at that time. The provider has no influence whatsoever on the current and future design and content of the linked pages. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as its own. It is not reasonable for the provider to constantly monitor external links without concrete evidence of legal violations. However, such external links will be deleted immediately if we become aware of any legal infringements.

§ 3 Copyrights and ancillary copyrights

The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identified as such. The unauthorized reproduction or distribution of individual contents or complete pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted. The presentation of this website in external frames is only permitted with written permission.

§ 4 Special terms of use

Insofar as special conditions for individual uses of this website deviate from the aforementioned paragraphs, this will be expressly indicated at the appropriate point. In this case, the special terms of use shall apply in each individual case.

Privacy policy

This privacy policy relates to your use of our website. In the following, we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and what rights and claims arise for you as a result. "Personal data" means any information relating to an identified or identifiable natural person, e.g. name, address, e-mail addresses, user behavior

1. name and contact details of the controller, data protection officer

The controller pursuant toArt. 4 (7) of the EU General Data Protection Regulation (GDPR) is

innovatiQ GmbH + Co KG
Kapellenstr. 7
85622 Munich-Feldkirchen, Germany

E-mail: info@innovatiq.com
Phone:+49 89 2488986-0 (see imprint).

You can contact our data protection officer at the e-mail address datenschutzbeauftragter@innovatiq.com or at our above postal address with the addition "To the data protection officer".

2 Collection and storage of personal data and the nature and purpose of its use

a) Log data when visiting our website

When you visit our website, the browser used on your device automatically transmits information to us. When you visit our website, the following data is collected without any action on your part:

  • IP address
  • Date and time of the request
  • Content of the request (specific page)
  • Access status/HTTP status code
  • Amount of data transferred in each case
  • Website from which the request originates
  • Browser used
  • Language and version of the browser software
  • Operating system and its interface

The aforementioned data is processed by us for the following purposes:

  • Ensuring a smooth connection to the website
  • Ensuring a comfortable use of our website
  • Evaluation of system security and stability
  • For further administrative purposes

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the aforementioned purposes for data collection. Under no circumstances do we use the aforementioned data for the purpose of drawing conclusions about your person.

b) When using our contact form

When you contact us via a contact form, a chat function or by e-mail, the data you provide (e.g. your e-mail address, your name, your telephone number, your address and any other information you provide) will be stored by us in order to process your request.
Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent. We delete the data arising in this context after storage is no longer necessary or restrict processing if there are statutory retention obligations.

c) When registering for our newsletter

You can subscribe to our newsletter, in which we provide you with the latest information on printing technologies, new service developments and interesting offers from innovatiQ GmbH + Co KG. We use the double opt-in procedure to subscribe to our newsletter. This means that after you have registered, we will send you an e-mail to the e-mail address you have provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 7 days, your information will be automatically deleted. We also store your IP address and the time of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. After your confirmation, we store your e-mail address and other information that you provide to us as part of the newsletter registration for the purpose of sending you the newsletter.

The legal basis for the aforementioned data processing is Art. 6 para. 1 sentence 1 lit. a GDPR.

You can revoke your consent to the sending of the newsletter at any time. You can declare your revocation by clicking on the link in the newsletter, by e-mail to info@innovatiQ.com or by sending a message to the contact details given in the imprint.

d) General information on the obligation to provide data

You are neither legally nor contractually obliged to provide us with your personal data.

3. use of service providers, transfer of data

We use selected external service providers to provide support and administrative tasks for our website. These service providers may occasionally have access to your personal data. The service providers process your data exclusively on our behalf and in accordance with our instructions and in compliance with these data protection provisions and the applicable laws.

Your personal data will only be transferred to other third parties to the extent that the transfer is expressly stated in this privacy policy or for one of the following purposes:

  • You have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
  • The disclosure is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data; the legal basis for processing in these cases is Art. 6 para. 1 lit. f GDPR.
  • In the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR.
  • The disclosure is permitted by law and is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR. We transfer the user's personal data to service providers in countries outside the EU/EEA in the following context USA.


4. cookies

We use cookies on our website. Cookies are small text files that are stored on your end device and assigned to the browser you are using and through which certain information flows to us. However, this does not mean that we obtain direct knowledge of your identity.
The use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted when you close your browser. In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings (for example, the language you have chosen) you have made so that you do not have to enter them again. The data processed by such cookies are necessary for the purposes mentioned to safeguard our legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. On the other hand, with your consent, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5. Web analysis).


You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may not be able to use all the functions of our website and/or user-friendliness may be restricted if you reject cookies.

The legal basis for the use of cookies is Art. 6 para. 1 sentence 1 lit. a GDPR, if you have consented to their use, and otherwise Art. 6 para. 1 sentence 1 lit. f GDPR.

5. web analysis with Google Analytics

We use Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. We have activated IP anonymization. On this website, your IP address will therefore be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

The legal basis for the use of Google cookies and data processing based on them is Art. 6 para. 1 sentence 1 lit. a GDPR.

6. social media

We use links to the social networks Facebook and LinkedIn and to the video portal YouTube on our website. The social networks are only integrated on our website as links to the corresponding services. No data is transferred to the services if you do not click on the respective graphics. After clicking on the graphics, you will be redirected to the page of the respective provider. Only then will user information be transmitted to the respective provider.

Addresses of the respective providers and URL with their data protection notices:

a) Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

b) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

c) YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA; https://www.google.de/intl/de/policies/privacy. Google, parent company of YouTube, LLC, also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

7. use of Google Maps

Our website uses the "Google Maps and Route Planner" function of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google") to display and calculate geographical information and directions. Through Google Maps, data about your use of this website can be transmitted to Google, collected and used by Google. You can prevent such data transmission by deactivating "Javascript" in your browser. In this case, however, no maps can be displayed. By using this website and not deactivating "Javascript", you declare your consent to the processing of your data by Google for the above purpose. For more information on how "Google Maps" and the route planner use your data and Google's privacy policy, please visit: https://www.google.com/intl/de_de/help/terms_maps.html. Further information on data exports to the USA can be found in § 11.

8. use of the Facebook Like plugin ("Like")

This website uses plugins from the provider Facebook.com, which are provided by the company Facebook Inc, 1601 S. California Avenue, Palo Alto, CA 94304 in the USA. Users of our website on which the Facebook plugin ("Like" button) is installed are hereby informed that the plugin establishes a connection to Facebook, whereby a transmission is made to your browser so that the plugin appears on the website. Furthermore, by using the plugin, data is forwarded to the Facebook servers, which contain information about your website visits to our homepage. For logged-in Facebook users, this means that the usage data is assigned to your personal Facebook account. As soon as you actively use the Facebook plugin as a logged-in Facebook user (e.g. by clicking on the "Like" button or using the comment function), this data is transferred to your Facebook account and published. You can only avoid this by logging out of your Facebook account beforehand. For more information on the use of data by Facebook, please refer to the data protection provisions on Facebook at http://de-de.facebook.com/policy.php. For further information on data exports to the USA, please refer to § 11.

9. use of the Twitter share button

We have also integrated the twitter.com web messaging service on our website. This is provided by Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Twitter offers the so-called "Tweet" function. This allows you to publish short messages with website links in your own Twitter account. If you use the "Tweet" function of Twitter on our websites, the respective website will be linked to your account on Twitter and may be publicly announced there. Data will also be transmitted to Twitter. We have no knowledge of the content of the transmitted data and its use by Twitter. For further information, please consult Twitter's privacy policy: http://twitter.com/privacy Twitter offers you the opportunity to define your own data protection settings at the following link: http://twitter.com/account/settings. Further information on data exports to the USA can be found in Section 11.

10. use of the LinkedIn share button

We use plugins from the social network LinkedIn operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter referred to as "LinkedIn") on our website. When you visit our website, the plugin establishes a connection between your browser and the LinkedIn server and may transmit your IP address. If you click on the LinkedIn "Recommend" button while you are logged into your LinkedIn account, you have the option of posting content from our website on your LinkedIn profile page. Further details on the collection of data can be found on LinkedIn at http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv. Further information on data exports to the USA can be found in Section 11.

11. intention to transfer data to a third country

As part of our customer communication, we also use various cloud services, including from providers based in the USA, which also process personal data. We expressly point out that the European Commission has not yet issued an adequacy decision with regard to the USA. We will only transfer personal data to a provider in the USA if this transfer is permitted in accordance with the so-called Privacy Shield Agreement and/or the transfer is legitimized under data protection law by standard data protection clauses (standard contractual clauses). You can find the guarantees under Privacy Shield here: https://www.privacyshield.gov/EU-US-Framework.

The standard contractual clauses can be found here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF

12. use of the XING recommendation function

This website uses functions of XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time you visit our website, which is equipped with such a function, it causes the browser you are using to connect to XING servers. To the best of our knowledge, no personal data about your visit to our website is stored. XING also does not store any IP addresses and there is also no evaluation of usage behavior through the use of cookies in connection with the "XING share button". You can find further information on data protection for the "XING Share Button" at: https://www.xing.com/app/share?op=data_protection

13. your rights

You have the right:

  • Pursuant to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on its details,
  • in accordance with Art. 16 GDPR, to demand the immediate correction of incorrect or incomplete personal data stored by us
  • in accordance with Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims
  • in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR
  • in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller
  • in accordance with Art. 7 para. 3 GDPR, to revoke your consent once given to us at any time. As a result, we may no longer continue the data processing that was based on this consent in the future.
    To exercise the aforementioned rights, please send an email to info@innovatiQ.com or send us a message to the contact details provided in the legal notice.

Right to object

If we process your personal data to safeguard legitimate interests within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to this processing for reasons arising from your particular situation in accordance with Art. 21 para. 1 GDPR. You can object to the processing of your data for direct marketing purposes at any time without giving reasons in accordance with Art. 21 para. 2 GDPR. To exercise your right to object, simply send us an informal message, e.g. by email toinfo@innovatiQ.com.

Right to lodge a complaint

If you believe that the processing of your personal data violates the General Data Protection Regulation, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR.

14 Data security

In order to protect the security of your data during transmission, we use state-of-the-art encryption methods. We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. However, we cannot guarantee the security of the data transmitted by you as a user. Any data transmission by the user is therefore at the user's own risk.

15. up-to-dateness and amendment of this privacy policy

This privacy policy is currently valid (as of May 2021). It may become necessary to amend this privacy policy as a result of the further development of our services or due to changes in legal or official requirements. The current privacy policy can be found at any time on the website at https://www.innovatiQ.com/datenschutzerklaerung.

General Terms and Conditions of Business and Delivery
of innovatiQ GmbH + Co KG

I. General provisions

1. our General Terms and Conditions shall only apply to companies and legal entities under public law. They do not apply to consumers.

2. our General Terms and Conditions apply to all current and future supply contracts for innovatiQ 3D printing machines and other innovatiQ systems and assemblies (hereinafter referred to as "machines") with the customer, without the need to refer to them again in each individual case.

3. terms and conditions of the customer that conflict with or are not contained in these General Terms and Conditions shall not apply unless we expressly recognize them, even if we provide deliveries or services to the customer without reservation in the knowledge of such terms and conditions. Subsidiary agreements, supplements and special agreements require our written confirmation.

II Offer and conclusion of contract, performance specifications

1. our offers are subject to change. We can accept orders or commissions within two weeks of receipt, unless a specific acceptance period has been expressly agreed.

2. performance specifications are only binding for us insofar as they result from a still valid brochure or are expressly confirmed by us. We may also make changes to the machine which we deem expedient due to technical progress or consistent product development after conclusion of the contract. The same applies to insignificant changes in design, color selection, dimensions and weight of the machine.

III Obligations of the customer to cooperate

1. the customer must use, clean, maintain and check the function of the machines in accordance with the operating instructions.

2. in the event of a malfunction of the machines, the customer must immediately take the necessary measures to protect persons and property. The machines may no longer be used unless we have given our approval.

3. the customer must ensure that the machines can be delivered without disruption and, in the case of assembly, that it can be carried out without disruption. In particular, the customer shall ensure that qualified contact persons are present during assembly and subsequent functional testing and that the necessary supply connections are available. We reserve the right to charge the customer for costs incurred in connection with waiting times for which the customer is responsible.

IV. Prices and payments

1. the prices shall apply to the scope of performance and delivery specified in the order confirmation. The prices for machines are quoted in Euro net ex works (EXW according to Incoterms 2010) plus loading, packaging, shipping and insurance as well as value added tax at the respective statutory rate, in the case of export deliveries plus customs duties as well as fees and other public charges.

2. if the expected delivery date is delayed by more than two months for reasons for which the customer is responsible, we shall be entitled to change the price if the cost factors applicable at the time of conclusion of the contract have changed by the time of delivery and performance.


3. unless otherwise agreed, our invoices are due for payment without deduction within 8 days of the invoice date.

4. in the event of late payment, we shall charge interest on arrears in the amount of 9 percentage points above the respective base interest rate in accordance with § 247 para. 1 BGB without further reminder. This shall not limit the right to assert further claims for damages. Incoming payments shall first be offset against the oldest claims, in the following order: costs, interest, principal claim. Offsetting or retention of payments shall only be permitted on the basis of legal claims of the customer that are recognized by us, undisputed or legally established.

5. if, after acceptance of orders, there are justified doubts about the customer's ability to pay or if due invoices are not paid or a granted payment term is exceeded, we shall be entitled to demand immediate payment of the entire purchase price and to demand advance payment or provision of security before delivery. If the customer does not comply with our request within a period of 2 weeks after being requested to do so or if the debt is not settled, we shall be entitled to withdraw from the contract. In the event of withdrawal, we shall be entitled to demand lump-sum compensation in the amount of 20 % of the order value. 20% of the order amount as compensation. The customer has the right to prove that no damage or less damage has been incurred. This shall not affect the right to assert further claims for damages or the rights arising from § 321 BGB.

6. we are not obliged to accept or execute individual orders with an order value of less than EUR 150 net (excluding statutory VAT).

V. Delivery and performance time, delay in performance, partial delivery

1. our information on deadlines and dates is non-binding, unless a fixed transaction or other special binding delivery or performance dates are expressly agreed in text form. Such agreed delivery or performance dates shall commence upon dispatch of our order confirmation, but not before fulfillment of the customer's obligations/obligations. Deliveries shall be made ex works (EXW in accordance with Incoterms 2010), whereby compliance with delivery deadlines shall be determined by the fact that the delivery has left the factory or readiness for dispatch has been notified. If we fail to meet an agreed delivery or performance date, default shall only occur after expiry of a reasonable grace period of at least two weeks granted by the customer in text form.

2. we shall not be in default as long as the customer does not fulfill his obligations to cooperate, such as the delivery of test objects, documents, plans, necessary approvals and releases, or his payment obligations in due time; in this case, our deadlines shall be extended accordingly.

3. agreed delivery/service deadlines shall be extended appropriately, even within the delay, in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which we are not responsible, insofar as such obstacles can be proven to have an influence on the provision of the service owed. This shall also apply if these circumstances occur at our suppliers, sub-suppliers, carriers or subcontractors. We shall inform the customer of the beginning and end of such hindrances as soon as possible. If the hindrance lasts longer than three months or it is certain that it will last longer than three months, both the customer and we may withdraw from the contract. In this case, claims for damages by the customer are excluded.

4. if modified or additional services are performed during the execution of the contractual service, the delivery and performance deadlines shall be extended accordingly, taking into account the execution period of such services. If necessary, we shall inform our customer of this in good time.

5. we are entitled to make partial deliveries within the agreed delivery periods if this is reasonable for the customer.

VI Transfer of risk, shipment, insurance

1. the machines shall be shipped EXW (Incoterms 2010) from our premises in Munich-Feldkirchen, Germany.

2. transportation shall be at the customer's risk. The risk shall pass to the customer at the latest upon handover of the delivery (the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. The transfer of risk shall also apply if we have assumed other services by special agreement (e.g. shipping or shipping costs, insurance, etc.).

3. if the customer does not inform us in good time, usually at least one week before the planned delivery, or does not inform us sufficiently about the transport company, we are entitled, but not obliged, to conclude the contract of carriage at the usual conditions at our location and at the customer's expense and risk.

4. it is the customer's responsibility to insure the machines against insurable risks at his own expense from the transfer of risk and to procure and take care of any export import and implementation permits, licenses, reporting obligations, customs duties (declaration and payment obligations), etc. to take care of this.

VII Retention of title and other securities

1. the machines shall remain our property until full payment of all claims to which we are entitled against the customer at the present time or in the future, including all balance claims arising from the business relationship.

2. the customer is obliged to treat the machines with care until the transfer of ownership and to insure them adequately at his own expense against fire, water and theft damage at replacement value. The customer hereby assigns to us his claim to the insurance benefit in the amount of the purchase price claim. We accept the assignment.

3. the customer may not resell, pledge or assign the machines as security until the transfer of ownership. In the event of seizure of the machines by third parties or other interventions by third parties prior to the transfer of ownership, the customer must draw attention to our ownership and inform us immediately in text form.

4. as long as a claim exists in our favor, we are entitled to demand information from the customer at any time as to which machines delivered under retention of title are still in his possession and where they are located. We are also entitled to inspect these machines at any time during normal business hours.

5. at the customer's request, we shall release the securities established on the basis of the above provisions to the extent that their realizable value exceeds the value of our outstanding claims by more than 10%; we shall be responsible for selecting the securities to be released.

VIII. Warranty

1. we provide a warranty for new machines and new customer-specific special items for a period of one year, beginning with delivery, but at the latest with commissioning, and for a period of three months in the case of used machines. The warranty periods shall commence from the date of delivery, unless otherwise stipulated in the above sentence 1. The above provisions shall not apply if longer periods are prescribed by law.

2. our warranty is limited to design, manufacturing and material defects to the exclusion of the warranty for wearing parts such as, in particular, relays, heating bands, fuses, seals, filters, all plasticizing parts and other parts particularly affected by wear.

3. material defect rights can only arise if the machines have a material defect at the time of transfer of risk. No material defect rights shall arise in the event of unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent treatment or handling, inadequate maintenance, failure to observe the specifications in the operating instructions, unsuitable operating materials, replacement of materials, failure to observe the exclusive use of original parts, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, insofar as they are not attributable to our fault.

4. the customer must give notice of defects of any kind in machines - with the exception of hidden defects - in text form immediately, at the latest within 8 days of delivery, otherwise the machines shall be deemed approved, subject to the following provision on hidden defects. Hidden defects must be reported in text form immediately after discovery, at the latest within 8 days, otherwise the machines shall be deemed approved with regard to these defects. Negotiations about a complaint do not constitute a waiver of the objection of delayed, insufficient or unfounded notification of defects. § Section 377 HGB remains unaffected.

5. in the event of a timely and justified notice of defects, we shall, at our discretion, either remedy the defect (rectification) or deliver a defect-free item (replacement delivery). The customer must grant us sufficient time and opportunity to carry out all repairs and replacement deliveries that appear necessary. Otherwise we shall be released from liability for the resulting consequences. In the event of a replacement delivery, the customer is obliged to return the defective parts. In urgent cases of danger to operational safety or to prevent disproportionately large damage, of which we must be informed immediately, the customer has the right to remedy the defect himself or have it remedied by a third party and to demand reimbursement of the necessary expenses from us. If we are not prepared or not in a position to rectify the defect/replacement delivery, if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the rectification/replacement delivery fails in any other way, the customer shall be entitled, if further attempts at rectification are unreasonable for him, at his discretion, to withdraw from the contract or to reduce the price. The rectification of defects shall be deemed to have failed at the earliest after the second unsuccessful attempt. The customer may only withdraw from the contract due to an insignificant defect with our consent.

6. we may carry out the fault analysis and rectification of defects at our own discretion on site or - provided the nature of the defect in question does not prevent this - on our business premises or those of subcontractors, in particular also by using an existing remote diagnosis and remote maintenance facility.

7. rectification of defects or replacement delivery shall not constitute independent new warranty claims, nor shall this initiate an independent new limitation period.

8. if the examination of a notice of defect reveals that a defect does not exist or that the customer is responsible for the defect, we shall be entitled to charge the customer for the costs incurred by the examination and, if applicable, rectification.

9. we shall only be liable for damages due to the defectiveness of the machines or for consequential damages including loss of use within the limits specified in Section IX.

IX. Liability

1. we shall be liable in accordance with the provisions of the Product Liability Act and in cases of incapacity and impossibility for which we are responsible. Furthermore, we shall be liable for damages in accordance with the statutory provisions in cases of intent, gross negligence, assumption of a guarantee and in the event of injury to life, limb or health for which we are responsible. If we breach an essential contractual obligation (so-called cardinal obligation), i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely, our obligation to pay compensation is limited to the foreseeable damage typical for the contract. In all other cases of liability, claims for damages due to the breach of an obligation arising from the contractual obligation and due to tort are excluded, so that we are not liable for loss of profit or other financial losses of the customer.

2. to the extent that our liability is excluded or limited on the basis of the above provisions, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

X. Data storage

We inform the customer that personal data - for as long as and to the extent necessary for business purposes and permitted under the General Data Protection Regulation - will be stored by us in computerized form and processed for the purpose of fulfilling the contract. The legal basis for the storage of data is Art. 6 para. 1 lit. b) GDPR.

The controller pursuant to Art. 4 (7) GDPR is innovatiQ GmbH + Co KG, Kapellenstraße 7, 85622 Feldkirchen, Germany, email: info@innovatiq.com, phone: +49 89 2488986-0.
You can reach our data protection officer at the e-mail address datenschutzbeauftragter@innovatiq.com.

For more information about our processing of personal data, including your rights, please visit www.innovatiq.com/datenschutzerklaerung/.

XI. Confidentiality, intellectual property

1. the customer shall treat our know-how and all our other business and trade secrets, including the content of the contractual relationship with the customer, as strictly confidential. The customer shall take all reasonable and necessary precautions to protect the aforementioned information from unauthorized access, unauthorized disclosure, duplication, transfer and other unauthorized use. The obligations set out in this article shall survive the termination of this contract.

2. we reserve all intellectual property rights in relation to the machine. This shall also apply in particular if the machine has special designs deviating from the standard design at the buyer's request.

3. if software is included in the scope of delivery, the customer is granted a non-exclusive right to use the delivered software to operate the machine included in the scope of delivery. Use of the software on more than one system is prohibited.

XII Final provisions

1. the law of the Federal Republic of Germany shall apply exclusively to all legal provisions between us and the customer, excluding the application of the provisions on the international sale of goods (CISG, UN Convention on Contracts for the International Sale of Goods).

2. place of jurisdiction and place of performance for all rights and obligations of the parties to the contract arising from transactions of any kind is 85622 Feldkirchen (Federal Republic of Germany). However, we are also entitled to sue the customer at his general place of jurisdiction.

3. should one of the above conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the regulatory objectives pursued by the invalid or unenforceable provision. The same applies to the filling of any gaps in the contract.

General Terms and Conditions of Purchase
of innovatiQ GmbH + Co KG

I. General provisions

These Terms and Conditions of Purchase shall apply exclusively to all agreements on deliveries of goods or services ("Delivery Contract") from the supplier or its affiliated companies to innovatiQ GmbH + Co KG. Delivered goods are hereinafter referred to as "products". Provisions that exclude or deviate from these Terms and Conditions of Purchase and the supplier's general terms and conditions of business shall not apply unless they have been expressly confirmed in writing by innovatiQ. The acceptance of deliveries or services of the supplier or their payment does not constitute consent to the supplier's terms and conditions. Our terms and conditions of purchase shall also apply to future transactions, even if they have not yet been expressly agreed.

II Conclusion and amendment of contract

2.1 The supplier must adhere to our inquiry in the offer and, in the event of deviations, expressly point this out. Offers are free of charge for us. The drawings and other documents provided for the preparation of the offer must be returned to us with the offer. All inquiries and documents are to be regarded as business secrets and must therefore be treated as strictly confidential.

2.2 Orders, contracts and delivery call-offs from innovatiQ ("order") as well as their amendments and supplements must be made in writing. The written form is also fulfilled by electronic data transmission (EDI) or e-mail; electronic declarations are also valid without a signature. Orders placed verbally or by telephone shall only be binding if they are subsequently confirmed by sending a written order.

2.3 The supply contract shall come into effect upon confirmation of the order or commencement of the deliveries or services. Any deviation from our order shall only form part of the contract after our express written confirmation. If the supplier does not accept the order within 10 calendar days of receipt, we shall no longer be bound by the order. Until acceptance, we are entitled to cancel the order at any time. Delivery call-offs shall become binding at the latest if the supplier does not object within three working days of receipt.

2.4 innovatiQ may demand changes to the design and execution of the delivery item within the scope of what is reasonable for the supplier. The effects, in particular with regard to additional and reduced costs and delivery dates, shall be regulated appropriately by mutual agreement.

2.5 Specifications provided by us in individual cases (drawings, data sheets, technical descriptions, specifications and other technical requirements) including tolerances are binding. By accepting the order, the supplier acknowledges that it has informed itself about the type of execution and the scope of the service by inspecting the available documents. The supplier shall immediately check whether a specification submitted by innovatiQ is incorrect, unclear, incomplete or deviates from the sample. If the supplier recognizes that this is the case, it shall inform innovatiQ immediately in writing.

III Delivery dates and deadlines

3.1 The agreed delivery periods and deadlines must be strictly adhered to. Unless otherwise agreed, delivery shall be "free works" (DDP according to Incoterms 2010); the receipt of goods at innovatiQ shall be decisive for compliance with the delivery period.

3.2 If the agreed delivery date is not met, innovatiQ shall be entitled to the statutory rights. The acceptance of a delayed delivery or service does not constitute a waiver of these rights. If the supplier anticipates difficulties with regard to production, the supply of primary materials or other circumstances that could prevent him from delivering on time or in the agreed quality, the supplier must notify innovatiQ immediately, stating the reasons and the probable duration of the delay in delivery, and obtain our written decision on whether to maintain the order.

3.3 If the supplier is in default, innovatiQ shall be entitled, without prejudice to its statutory rights, to demand liquidated damages of 0.5% of the net order value of the order per week or part thereof, up to a maximum of 5% of the net order value. Proof of lower or higher damages shall remain unaffected.

3.4 We are entitled to refuse to accept goods that are delivered before the delivery date specified in the order or that are not delivered in full and to return them at the supplier's expense and risk.

3.5 For quantities and weights, the values determined by us upon receipt of the goods shall be decisive, subject to proof to the contrary.

IV. Product requirements, documentation

4.1 The Supplier warrants that all statutory provisions, regulations and standards applicable to the delivery item - in particular all provisions relating to product safety, materials and the environment, as well as CE conformity - are complied with.

4.2 The supplier undertakes to deliver the complete documentation for the product in accordance with the statutory provisions as a printed document and as an unprotected PDF file in German, English and in the national language required for the specific order in good time - at the latest upon delivery of the product. innovatiQ is entitled to use this documentation freely and free of charge, in particular in the context of product documentation, training courses or other publications, and the works may be edited, stored, merged with other works, distributed in digital communication networks and made available to end users with the right to make copies of this data and to transfer the data to other data carriers for storage.

V. Transportation, packaging

5.1 Each shipment must be accompanied by the required transport documents, which must always be clearly visible on the outside of the respective goods and suitable for identifying the goods, in particular a delivery bill from which the following information must be clearly visible:

- the order or purchase order number, the innovatiQ material number and, if applicable, its designation, the delivery quantity and

- if available - a partial delivery note, the supplier article number and the consecutive serial number

For orders without an order number, the recipient must be named.

5.2 The goods shall be delivered in product-compatible packaging in compliance with the relevant environmental protection regulations. An environmentally friendly form of packaging must always be selected.

VI Force majeure

If contractually owed services become impossible due to force majeure, this shall release the parties from the obligation that has become impossible for the duration of the force majeure. Insofar as these events are not of insignificant duration and we cannot reasonably be expected to wait, in particular to ensure the timely fulfillment of our delivery obligations, we are entitled to withdraw from the contract in whole or in part. Force majeure events are natural disasters such as fires, floods, earthquakes, hurricanes or other extreme natural events, riots, wars, sabotage, terrorist attacks, official orders and other similar unforeseeable and unavoidable events.

VII Pricing and transfer of risk

7.1 Unless otherwise agreed, the agreed prices are fixed prices and are understood to be free works, including packaging.

7.2 We can only recognize price increases, price reservations and excess or short deliveries with our prior written consent. In the event of a reduction in the market price or catalog price for the deliveries, the parties shall agree on an appropriate reduction in the price.

7.3 The place of performance shall be the place to which the goods are to be delivered in accordance with the order. The supplier shall bear the material risk and thus the transportation risk until acceptance of the goods by us or our agent at the place to which the goods are to be delivered in accordance with the order.

VIII. Liability

8.1 Unless otherwise agreed, the prices are due for payment - at our discretion - within 14 days less 2% discount or net 30 days after receipt of the invoice, after complete receipt of the goods or services and after receipt of the invoice.

8.2 Payment shall always be made subject to invoice verification.

IX. Third parties

The supplier must provide its services under the supply contract itself and may not transfer these to third parties without the prior written consent of innovatiQ. He must ensure that the services and supplies of third parties are free of defects.

X. Incoming goods inspection

innovatiQ shall inspect the deliveries immediately upon receipt for identity and quantity as well as for externally recognizable damage or other defects. If a deviation is discovered during the aforementioned checks, innovatiQ shall inform the supplier immediately. If innovatiQ discovers a defect later during further processing or in use, this shall also be reported immediately, without a preclusive period applying. innovatiQ shall not be obliged to carry out any further inspections and notifications vis-à-vis the supplier other than those mentioned above. In this respect, the supplier waives the objection of late notification of defects.

XI. Product defects

11.1 The Supplier warrants that its products and services fully comply with the specifications, are free from defects, in particular in design, manufacture and material, and are suitable for the specific purposes for which they are intended. Products that do not fulfill one of the aforementioned requirements are defective.

11.2 In the event of a defect, innovatiQ may demand replacement delivery of a defect-free product or repair or reworking at the supplier's expense. The supplier shall reimburse all costs necessary to remedy the defect, in particular labor and service costs, costs for material, logistics, transport, customs as well as costs for troubleshooting, testing and analysis costs.

11.3 If the supplier does not fulfill its obligation to provide subsequent performance within the set period or within a reasonable period, innovatiQ shall be entitled to remedy the defects itself or have them remedied at the supplier's expense. The same applies in urgent cases, in particular to avert acute dangers or to avoid major damage.

11.4 The period for liability for material defects shall be 24 months from commissioning at the end customer of the innovatiQ machine in which the supplier's product is incorporated, but no longer than 30 months from delivery. If innovatiQ has granted its customer a longer period, innovatiQ and the supplier shall negotiate a reasonable extension of the period according to sentence 1. If the supplier has fulfilled his obligation of subsequent performance by replacement delivery or rectification of defects to a more than insignificant extent, the warranty period for the replaced or rectified parts shall begin anew.

11.5 If innovatiQ has rectified the defect or reimbursed costs to its customer free of charge after expiry of the period pursuant to 11.4 ("goodwill"), innovatiQ and the supplier shall mutually agree on an appropriate participation of the supplier.

11.6 Further or other legal claims shall remain unaffected. Settlement of the invoice by us does not imply any recognition of the delivery item as being free of defects.

XII Compensation for damages, product liability and recall, insurance

12.1 If the supplier breaches an obligation arising from the supply contract or any other statutory obligation, the supplier shall compensate the damage incurred. Insofar as compensation for damages requires fault in accordance with the statutory provisions, this shall not apply if the supplier is not responsible for the breach of duty.

12.2 If innovatiQ is held liable by its customers or third parties for product liability, the supplier shall indemnify innovatiQ against such claims insofar as the claim is attributable to a defective delivery or other breach of duty by the supplier. If a recall action or other measure is necessary to avoid further damage or danger to persons or property, the supplier shall be liable to innovatiQ for all costs and damages associated with such measures insofar as the measure is attributable to a defective delivery.

12.3 The supplier shall ensure that adequate protection is provided by insurance, in particular simple and extended product liability insurance, with cover of at least EUR 5 million per claim. Upon request, the supplier shall provide evidence of the insurance cover in another suitable manner. The supplier's liability shall remain unaffected by the insurance cover.

XIII Provision of materials and tools

13.1 Materials, drawings, samples, models, measuring and other devices or tools provided by innovatiQ ("provided materials") remain the property of innovatiQ and may only be used to fulfill the contractual obligations towards innovatiQ.

13.2 Tools manufactured by the supplier on our behalf or ordered from third parties, which are paid for by innovatiQ separately or via the parts price, shall become our property upon manufacture or purchase by the supplier and must be clearly marked as our property and stored separately and visibly.

13.3 The supplier shall receive materials and tools on loan. The supplier is obliged to use the provisions and tools exclusively for the manufacture of parts intended for innovatiQ, to store them free of charge and to return them to us immediately at our request, without being entitled to a right of retention. The supplier must maintain and service the provided materials and tools at his own expense and keep them in a usable condition. He shall insure them and provide us with proof of insurance cover on request.

13.4 At the end of the financial year - as per the cut-off date of December 31 - the supplier shall provide us with an inventory report on all materials in our possession and submit this to the Purchasing Department by January 10 of the following year at the latest without being requested to do so.

XIV Industrial property rights

The supplier warrants that all products are free from third-party property rights and, in particular, that the delivery and use of the delivery items does not infringe third-party property rights or licenses. The supplier shall indemnify innovatiQ against third-party claims arising from any infringements of industrial property rights and shall bear all costs incurred in this connection.

XV Compliance, child labor, environment, work on the factory premises

15.1 The Supplier warrants to comply with the applicable anti-corruption and antitrust laws as well as the laws regarding the fair treatment of employees and their remuneration (in particular the Minimum Wage Act), environmental protection and occupational safety and will work to reduce adverse effects on people and the environment in its activities and to observe the principles of the UN Global Compact Initiative. Furthermore, the supplier assures that it will prevent any form of child labor, forced labor, modern slavery and human trafficking in its business activities. Suppliers are required to introduce an environmental management system. The supplier undertakes to comply with the innovatiQ Code of Conduct at all times (download at www.solution.innovatiQ.com).

15.2 Persons who carry out work on innovatiQ's factory premises in fulfillment of a supply contract must observe the provisions of the respective company regulations. Liability for accidents that occur to these persons on the factory premises is excluded, unless they were caused by us intentionally or through gross negligence.

XVI Export regulations / Supplier's declaration

The supplier is obliged to inform us in writing of any licensing requirements or restrictions for (re-)exports of its goods in accordance with German, European, US export and customs regulations as well as the export and customs regulations of the country of origin of its goods in its business documents.

XVII Confidentiality

17.1 All information, recipes, drawings, specifications, models, tools, technical records, process methods, software and other technical and commercial know-how ("Confidential Information") made accessible by innovatiQ or obtained by the supplier via innovatiQ must be kept secret from third parties by the supplier and may only be used for the performance of deliveries and services to innovatiQ. This may only be made accessible to those persons who must have knowledge of the confidential information within the framework of the business relationship and who have been obliged to maintain confidentiality in accordance with this provision. The same applies to work results that have been achieved using Confidential Information.

17.2 If the supplier manufactures products using Confidential Information or with our tools, these may neither be used by the supplier itself nor offered or supplied to third parties without the prior written consent of innovatiQ.

XVIII. Place of jurisdiction, applicable law

The place of jurisdiction is, at our discretion, the registered office of innovatiQ GmbH + Co KG or the place of performance. The delivery contract is subject to German law.

XIX Severability clause

Should any of these provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions as a whole. The invalid provision shall be replaced by a provision that comes closest to the legally permissible material content.

General Terms and Conditions for Contracts with Suppliers of innovatiQ GmbH + Co KG (Terms and Conditions of Purchase), Version 02/2020