Terms and Conditions

§ 1 Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all present and future business relationships between addilink3d GmbH (hereinafter “addilink3d”) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. These GTC apply in particular to contracts for the sale and delivery of machines, systems, peripheral devices, spare and wear parts, materials and consumables, as well as for installation, commissioning, service, maintenance, repair, training, consulting, process development, material qualification and other technical services. These GTC apply exclusively.

1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if addilink3d has expressly agreed to their validity in text form. This requirement of consent also applies if addilink3d performs services without reservation while aware of the customer’s terms. Individual agreements with the customer take precedence over these GTC. Insofar as supplementary terms of a manufacturer or rights holder are effectively incorporated for individual products, software, warranties or services, these apply in addition. In the event of conflicts, the order of precedence pursuant to § 25 applies. These GTC do not apply to consumers.

§ 2 Quotations and Conclusion of Contract
2.1 Unless otherwise stated in the quotation, quotations from addilink3d are valid for 30 calendar days from the date of the quotation. A contract is only concluded upon addilink3d’s order confirmation in text form; an automated acknowledgement of receipt is not an order confirmation. If the order confirmation deviates from the order, a contract with the deviating content is only concluded once the customer agrees to it. Reservations regarding technical feasibility, manufacturer availability, ability to deliver, or required approvals must be specifically identified in the quotation or the order confirmation.

2.2 The scope of services is determined by the contractual documents agreed upon by both parties. Information in catalogues, data sheets, presentations, manufacturer documents, illustrations and other product information is binding only insofar as it has been agreed as a contractually owed characteristic. Technical changes and deviations remain permissible insofar as they are technically necessary or caused by manufacturer changes, do not materially impair the agreed function, and are reasonable for the customer. Changes to the agreed scope of delivery or service require the consent of both parties; additional costs and schedule consequences shall be agreed.

2.3 Delays arising from the customer’s area of responsibility shall reasonably postpone agreed deadlines. addilink3d reserves existing intellectual property rights in cost estimates, drawings and technical quotation documents.

§ 3 Prices and Payment Terms
3.1 Unless otherwise stated in the quotation, all prices are quoted in Euro, net, plus the applicable statutory value-added tax. For machine and system orders, unless otherwise agreed in the quotation, the following payment stages apply: 50 % of the net order value as a down payment within 7 calendar days of receipt of the down-payment invoice, but not before conclusion of the contract; 40 % as an interim payment upon receipt of the corresponding invoice prior to delivery, with delivery taking place after receipt of payment; 10 % as a final payment within 15 calendar days of receipt of the final invoice, which is issued following successful installation and commissioning or acceptance, where applicable.

3.2 For other deliveries and services, the payment terms stated in the quotation or the order confirmation apply. In the absence of a specific agreement, invoices are due within 14 calendar days of the invoice date, without deduction. Payments are only deemed made upon unconditional credit to the account specified by addilink3d. The customer falls into default in accordance with statutory provisions. addilink3d is entitled to assert statutory default interest and further default damages. The customer may only set off undisputed or legally established counterclaims.

3.3 The customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship. In the event of justified doubts as to the customer’s solvency, in particular in the event of payment default or a material deterioration in financial circumstances, addilink3d may demand reasonable advance payment or security for outstanding services, to the extent legally permissible. Additional services not covered by the agreed scope of delivery shall be charged according to a separate quotation or the applicable billing rates.

§ 4 Delivery, Delivery Periods and Partial Performance
4.1 Delivery and performance dates result from the quotation or the order confirmation. Unless expressly designated as binding, stated dates are estimated dates. Delivery periods do not commence until all documents, approvals, technical information and agreed payments to be procured by the customer are fully available. Subsequent change requests by the customer, as well as missing or delayed acts of cooperation, shall reasonably extend delivery and performance periods. addilink3d is entitled to reasonable partial deliveries and partial performance, provided these are economically usable for the customer.

4.2 Delivery delays due to force majeure or other circumstances not attributable to addilink3d are governed by § 21. If addilink3d falls into default, the customer’s rights are determined by statutory provisions, taking into account the liability provisions in § 17. If the customer is in default with a due payment or a required act of cooperation, addilink3d may withhold the affected further services until such obligations are fulfilled, to the extent legally permissible.

§ 5 Changes, Cancellation and Termination of the Contract by the Customer
5.1 After conclusion of the contract, changes or a mutual termination of the contract are only possible with the consent of both parties. The customer’s statutory rights of withdrawal and termination remain unaffected. In the event of a mutual termination, services already rendered, as well as demonstrably incurred and no longer avoidable expenses, shall be compensated; saved expenses and any reasonable alternative use shall be credited. The parties may agree on a separate settlement in individual cases. In the event of a legally permissible termination of a contract for work, remuneration is determined in accordance with statutory provisions, in particular § 648 of the German Civil Code (BGB).

5.2 Amounts already paid shall be credited against the amount owed; any surplus shall be refunded.

§ 6 Passing of Risk, Shipment and Delivery Terms
6.1 Unless otherwise agreed in the quotation or the order confirmation, delivery is made EXW (Ex Works) in accordance with Incoterms® 2020 at the place of provision designated by addilink3d. In the case of EXW, costs and risk pass to the customer in accordance with the agreed Incoterms® clause. If addilink3d arranges transport or shipment at the customer’s request, this is done, subject to any deviating agreement, for the account and at the risk of the customer. Deviating delivery terms, in particular DAP, DDP, FCA or other Incoterms®, require agreement in the quotation or the order confirmation.

6.2 The mode of shipment, packaging and means of transport are determined by the contractual agreement and the technical requirements of the delivery item. If shipment or handover is delayed at the customer’s request or for reasons attributable to the customer, risk passes in accordance with statutory provisions. Additional reasonable storage, insurance, transport and other costs incurred may be charged to the customer. Recognisable transport damage shall be handled in accordance with § 11.

§ 7 Packaging, Transport, Installation and Storage
7.1 Packaging, transport, unloading, installation and setup are only part of addilink3d’s scope of services insofar as expressly agreed in the quotation or the order confirmation. For EXW deliveries, collection, transport insurance, transport, unloading and installation are, in principle, the customer’s responsibility, unless otherwise agreed. Insofar as addilink3d arranges transport or installation services, the customer is obliged to provide, in good time, all information required for access, unloading and installation.

7.2 The customer must, in particular, point out restricted access, load-bearing limits, door and gate dimensions, stairs, lifts, crane or forklift requirements, and other particularities. Additional costs due to incorrect, incomplete or late information from the customer may be charged in accordance with the respective quotation or the applicable billing rates. If an agreed handover or installation is not possible for reasons within the customer’s area of responsibility, addilink3d is entitled to reasonably store the goods at the customer’s expense or to arrange a new date. Packaging material will only be taken back if expressly agreed or legally required.

§ 8 Customer’s Duties to Cooperate and Installation Conditions
8.1 The customer is obliged to carry out, in good time, all acts of cooperation required for the proper delivery, installation, assembly, commissioning, training, maintenance, repair or other services provided by addilink3d. Insofar as a Site Preparation Guide, installation instructions, setup guidelines, technical specifications or comparable manufacturer documentation is provided for a machine or system, the customer must fulfil the requirements stated therein in good time before the agreed delivery or installation date.

8.2 The customer shall prepare the installation and operating site by the agreed installation date. The technical documents provided in good time shall be decisive. Depending on the system, the requirements concern in particular space and floor load capacity, access and installation, as well as the necessary lifting and transport equipment. The customer shall also provide the specified connections and media, extraction, ventilation and suitable ambient conditions. This also applies to network connections as well as the required fire and occupational safety facilities.

8.3 Unless otherwise agreed in the quotation or the order confirmation, the production, installation, modification or inspection of the customer’s infrastructure and media supply is not part of addilink3d’s scope of services. This applies in particular to electrical installations, compressed air, gas, extraction, ventilation, air conditioning, network, fire protection and structural facilities. The customer is responsible for ensuring that the statutory, regulatory and operational requirements applicable at the installation site are met, insofar as these fall within its area of responsibility.

8.4 The customer must inform addilink3d in good time of circumstances that may affect installation, commissioning or operation, in particular restricted access, special ground or building conditions, safety or access regulations, cleanroom conditions, time-limited access restrictions and required safety briefings. Where necessary, the customer shall provide addilink3d, as well as manufacturers or service partners engaged, with safe access to the machine, system and the required operating areas.

8.5 The customer shall provide, in good time, competent contact persons who can make technical decisions, grant approvals, and participate in briefing, commissioning or acceptance. Prior to maintenance, repair or service work, the customer must place the machine in a safe condition and point out known hazards, malfunctions, contamination and materials used. For machines processing powders, chemicals or other potentially hazardous materials, the customer must clean the machine in accordance with manufacturer specifications and, where necessary, decontaminate it prior to a service visit.

8.6 If required prerequisites are not met, addilink3d is entitled to interrupt or abort work, or to arrange a new date. The customer bears any reasonable additional expenses incurred as a result, insofar as it is responsible for the missing prerequisites. This includes, in particular, additional working and waiting time, travel to and from the site, travel and accommodation costs, transport and storage costs, and costs for lifting or installation equipment. Billing is based on the quotation or the applicable billing rates.

8.7 Delivery, installation and completion dates are reasonably extended or postponed insofar as delays are due to acts of cooperation not provided by the customer in good time. Additional technical services required due to unmet customer-side prerequisites generally require a separate order. The customer must observe the operating, safety, maintenance and other technical documentation provided and ensure that the machine is only operated by appropriately qualified personnel. The foregoing duties of cooperation do not release addilink3d from its own contractual obligations.

§ 9 Installation and Commissioning
9.1 Installation, assembly and commissioning are only owed insofar as expressly part of the quotation, the order confirmation or another agreement. The type and scope are determined by the agreed scope of services as well as, in addition, the technical specifications and installation documents of the relevant manufacturer. Where agreed, the services may in particular include positioning, assembly of components and peripherals, connection to properly provided media, functional checks, software installation or activation, basic setup, calibration, a test or reference process, documentation, and handover for acceptance.

9.2 Unless expressly agreed otherwise, building electrical installation, media supply, extraction, ventilation, air conditioning, structural modifications, foundations, IT infrastructure, unloading and installation services, regulatory approvals, customer-specific process or material development, and services beyond standard installation are not part of the scope of services. The commencement of installation requires the complete fulfilment of the customer-side prerequisites required under § 8 and the technical manufacturer documentation.

9.3 If customer-side prerequisites are missing, addilink3d is not obliged to produce provisional or technically non-approved solutions, or to commission the machine under deviating conditions. In such cases, addilink3d may interrupt the installation and resume it once the prerequisites have been established. § 8 remains unaffected. addilink3d is entitled to engage manufacturer employees, affiliated companies, authorised service partners or other qualified third parties. Unless otherwise agreed, addilink3d remains the customer’s contracting party. The customer shall provide the necessary access and usage authorisations in good time.

9.4 Commissioning is deemed complete once the installation and functional checks required for the agreed standard function have been successfully carried out and the machine can, in principle, be operated as intended. A test build, test print, reference run or comparable test generally serves to demonstrate the functionality of the machine and the agreed basic process and, unless otherwise agreed, does not constitute proof of suitability for all customer-specific parts, materials, applications or production requirements.

9.5 Customer-specific process developments, parameter optimisations, material qualifications, part optimisations or production approvals are only owed if expressly agreed. Following successful installation and commissioning, documentation is provided in the designated installation or acceptance protocol. Immaterial remaining items do not prevent the completion of installation, provided the machine can be used essentially as intended. On completion, the customer shall provide a contact person authorised to participate in and sign the protocol.

9.6 A briefing does not replace any further operator, maintenance, safety or process training unless expressly agreed. Successful installation and commissioning does not relieve the customer of its responsibility for proper operation.

§ 10 Acceptance
10.1 Insofar as the service includes installation, commissioning or another service subject to acceptance, acceptance by the customer takes place upon completion. Acceptance is generally documented in the designated acceptance, installation or commissioning protocol. The service is ready for acceptance if the material functions contractually agreed have been established and the machine or system can, in principle, be used as intended in accordance with the agreed scope of services. The customer may not refuse acceptance on account of immaterial defects, minor deviations or immaterial remaining work. These shall be documented and processed within a reasonable period.

10.2 The customer must cooperate in the acceptance without delay and provide a contact person authorised to accept. If the customer refuses acceptance, it must specifically describe, in text form and without delay, the relevant defects or reasons. addilink3d may, after completion, set a reasonable period for acceptance. Statutory provisions, in particular regarding deemed acceptance, remain unaffected. Intended or productive use with knowledge of immaterial remaining items may be taken into account when assessing readiness for acceptance; however, it does not in every case replace the intended formal acceptance.

10.3 Acceptance may not be refused solely on account of immaterial optical defects, immaterial remaining work, non-safety-relevant documentation still to be provided, additional customer-specific optimisations, or materials and applications not yet tested. Acceptance does not require that the machine be able to execute all of the customer’s individual production processes or applications without further process development, unless this was expressly agreed as an acceptance criterion. Specifically agreed acceptance criteria are decisive.

10.4 In the event of material defects preventing or significantly impairing intended use, addilink3d shall remedy these within a reasonable period; acceptance or a renewed inspection then follows. If acceptance is delayed for reasons attributable to the customer, any additional expenses incurred as a result may be charged in accordance with the agreed or applicable billing rates. Unless otherwise provided by law or contract, the agreed warranty period begins upon acceptance. Payment due dates are further governed by § 3. Acceptance does not confirm the absence of any hidden defects.

10.5 Rights arising from defects not recognisable at the time of acceptance remain in accordance with statutory provisions and these GTC.

§ 11 Duty to Inspect and Give Notice of Defects
11.1 Insofar as the contract constitutes a commercial transaction for both parties, the statutory duties to inspect and give notice of defects apply, in particular § 377 of the German Commercial Code (HGB). The customer must inspect the goods without delay after delivery for completeness, identity and recognisable defects. The inspection covers, in particular, quantity, conformity with the order and delivery note, machine or item type, obvious damage, packaging condition, shortfalls, and, in the case of materials, material designation and batch. Obvious defects, incorrect deliveries, shortfalls and recognisable deviations must be reported to addilink3d in text form without delay upon discovery.

11.2 Defects discovered later must be reported in text form without delay upon discovery. The notice of defect should include a precise description as well as, where appropriate, the item or machine designation, serial number, order or invoice number, batch number, fault pattern, time and circumstances, and photos, videos, error messages or log files. Externally recognisable transport or packaging damage should, where possible, be documented directly upon handover to the carrier, noted on the shipping documents, photographed, and reported to addilink3d without delay.

11.3 For powders, materials and consumables, packaging, quantity, material designation and batch marking must, in particular, be checked. In the event of a suspected defect or damage, the relevant goods must not be used further pending clarification, insofar as further use could cause additional damage and the interruption is reasonable. The customer shall give addilink3d the opportunity to examine the defect itself or through the manufacturer or engaged third parties. Uncoordinated repairs or modifications may impair claims for defects insofar as they make it more difficult or impossible to establish or remedy the defect.

11.4 In the event of a breach of an inspection or notification obligation required under § 377 HGB, the statutory legal consequences apply.

§ 12 Defects of Title and Quality / Warranty
12.1 addilink3d warrants that delivered goods and services rendered have, at the relevant time, the contractually agreed characteristics and are free of material and legal defects, unless otherwise effectively agreed. For new machines, systems, peripheral devices, spare parts and other new goods, the limitation period for claims for defects is twelve months from the statutory commencement date; in the case of services subject to acceptance, from acceptance. For used machines, systems, components and other used goods, the limitation period is six months, insofar as legally permissible and unless otherwise agreed.

12.2 These reductions do not apply in cases of intent, fraudulent misrepresentation, expressly assumed guarantees, injury to life, body or health, claims under the Product Liability Act, or other cases of mandatory liability. Claims for defects presuppose the proper fulfilment of applicable duties to inspect and give notice. In the event of a justified defect, addilink3d must first be given the opportunity to effect subsequent performance within a reasonable period. This may in particular take the form of diagnosis, repair, rectification, software or firmware correction, replacement of components, delivery of spare parts, or replacement delivery.

12.3 There is no claim to the replacement of an entire machine insofar as the defect can be remedied by reasonable repair, rectification or replacement of components. addilink3d may carry out subsequent performance itself, or have it carried out by the manufacturer, an authorised service partner, or another qualified third party. The customer shall enable the necessary cooperation, in particular access, contact persons, transmission of fault data and, where possible and permitted, remote diagnosis. For on-site subsequent performance, the requirements of § 8 apply.

12.4 If a requested fault inspection reveals that no defect attributable to addilink3d exists, and the customer could have recognised this, addilink3d may charge for the reasonable cost of the inspection. If subsequent performance fails, is unreasonable, or is unjustifiably refused, the customer is entitled to the further statutory remedies for defects. Insofar as reasonable for the customer, subsequent performance is generally only deemed to have failed after a second unsuccessful attempt at subsequent performance; the circumstances of the individual case remain decisive. No entirely new warranty period begins for spare parts delivered or installed in the course of subsequent performance, unless otherwise legally required.

12.5 Statutory provisions on suspension and recommencement of limitation periods remain unaffected. Replaced parts removed free of charge shall be returned upon request and, insofar as legally permissible, become the property of addilink3d or the manufacturer. Manufacturer warranties or voluntary warranty programmes exist independently of the statutory remedies for defects against addilink3d and are governed by the respective warranty terms. addilink3d does not assume any warranty beyond this, unless expressly designated and assumed as a warranty in text form.

12.6 Information in data sheets, brochures, presentations and manufacturer documents does not constitute an independent guarantee unless expressly agreed. For materials, the owed characteristics are determined by the agreed product specification; § 15 remains unaffected. For software, the respective licence and usage terms, as well as § 19, apply in addition.

§ 13 Exclusion of Claims for Defects and Intended Use
13.1 Claims for defects do not exist insofar as the relevant defect or damage arose after the passing of risk due to a circumstance within the area of responsibility of the customer or a third party engaged by it. This applies in particular to improper or non-intended use, non-observance of operating, safety, installation or maintenance instructions, operating errors, operation outside permissible conditions, unsuitable infrastructure or media supply, neglected maintenance or cleaning, unsuitable operating or auxiliary materials, external influences, improper transport, unsuitable spare or accessory parts, and unauthorised modifications to hardware, electrics, controls, safety devices or software.

13.2 Work carried out by the customer or third parties does not, in itself, lead to the loss of all claims for defects. However, claims are excluded insofar as the defect asserted was caused thereby, or the establishment or remedying of the defect was significantly impaired thereby. The customer must maintain the machine in accordance with manufacturer specifications. Special requirements for manufacturer warranties apply insofar as effectively incorporated. There is no liability for defects for normal, intended wear and tear. Wear and consumable parts are excluded with respect to ordinary wear; a material defect present at the passing of risk remains covered.

13.3 Stated maintenance, service-life or replacement intervals are, in principle, experience-based or reference values, unless expressly agreed as a characteristic or guarantee. In the event of a recognisable malfunction, where continued operation may be expected to cause additional damage or safety risks, the customer must, insofar as necessary and reasonable, cease operation and inform addilink3d. If the customer continues to operate the machine despite a recognisable, significant malfunction, addilink3d is not liable for demonstrably avoidable additional damage caused thereby, insofar as legally permissible.

13.4 Safety devices must not be removed, deactivated, bypassed or modified, unless this occurs as part of an approved measure. Modifications affecting safety, conformity or intended use are undertaken at the customer’s own responsibility, unless expressly approved or carried out by addilink3d. The foregoing provisions only apply where there is a corresponding causal connection. Mandatory statutory claims remain unaffected.

§ 14 Open Material Systems, Third-Party Materials and Process Parameters
14.1 Insofar as a machine is technically designed as an open material system, the customer may, in principle, also use materials from other manufacturers as well as its own process parameters, provided no mandatory technical, safety-related, licensing or contractual restrictions apply. The technical openness does not constitute any assurance or guarantee that every material, batch or material-parameter combination is suitable for the machine or for a particular purpose.

14.2 A distinction is made between materials and parameters approved by the manufacturer, materials and parameters approved in writing by addilink3d as part of a separate qualification for a defined field of application, and the customer’s own or non-approved materials and parameters. Non-approved materials and parameters are, in principle, selected and applied at the customer’s own responsibility. The use of non-approved materials or parameters does not automatically result in the loss of all claims for defects.

14.3 However, claims do not exist insofar as a defect or damage is demonstrably caused by the material, mixture, unsuitable parameters or their interaction. In particular, addilink3d assumes no responsibility for damage or contamination of coating, dosing, optical, filter, sensor or heating systems, blockages, deposits, contamination, increased cleaning or maintenance effort, process aborts, or other technical damage caused as a result.

14.4 Without express agreement, addilink3d does not assume any guarantee for particular material or part properties. This applies in particular to mechanical characteristics, dimensional accuracy, density, surface quality, colour, ageing resistance and thermal or chemical properties. Information in technical documents does not, in itself, constitute a guarantee of a particular manufacturing result. If a material, process or application qualification is commissioned, the parties shall separately agree on the scope, the material, the machine configuration, the parameters and the test criteria, including any target values.

14.5 A qualification applies exclusively to the defined framework conditions. Material changes to material, formulation, batches outside specification, mixing ratio, machine configuration, software/firmware version, parameters, part geometry or process conditions may require a renewed assessment. A qualification does not constitute a general certification or an approval for all applications. The customer remains responsible for suitability and conformity assessment, in particular for safety-critical, medical, aerospace, automotive, food-contact or other regulated applications, unless otherwise agreed.

14.6 Support provided in connection with non-approved materials or parameters does not, in itself, constitute an approval or guarantee. Additional diagnostic, cleaning, maintenance or repair work due to the customer’s own or non-approved materials or parameters may be charged in accordance with the quotation or the applicable billing rates. Mandatory statutory claims remain unaffected.

§ 15 Materials, Powders and Consumables
15.1 The following provisions apply in addition to plastic powders and other materials or consumables. The owed characteristics are primarily determined by the agreed product specification or the technical data sheet. Typical or average values are not a guarantee, unless expressly agreed. Technical characteristics may in particular be influenced by machine configuration, process parameters, orientation, geometry, layer thickness, material condition, preparation, mixing ratio, ambient conditions and post-processing. Material characteristics therefore, in principle, do not constitute any assurance of identical part characteristics.

15.2 Production- and batch-related deviations do not constitute a defect insofar as the material lies within the agreed or specified specification. Upon receipt of goods, material designation, quantity, number of containers, batch marking and the external packaging condition must be checked in accordance with § 11. The customer must transport, store, handle and use materials in accordance with manufacturer specifications, safety data sheets and technical requirements. addilink3d is not liable for quality losses or damage insofar as these arose, after the passing of risk, due to improper storage, handling, preparation, mixing, contamination or use.

15.3 Stated shelf-life dates, periods of use and recommended storage durations must be observed by the customer. For reusable materials, the customer is responsible for suitable mixing, preparation and refresh conditions, unless addilink3d has been expressly commissioned with development or monitoring thereof. Information on refresh rates, mixing ratios or reuse possibilities applies to the respective stated process conditions and is not a guarantee of unlimited reusability or particular part properties.

15.4 Materials subject to a complaint may, insofar as necessary and reasonable for examination, not be further processed, mixed, decanted or disposed of pending clarification. Upon request, reasonable samples as well as batch and process information must be provided. addilink3d or the manufacturer shall be given a reasonable opportunity to examine the materials subject to complaint. In the event of a material defect present at the passing of risk, § 12 and statutory provisions apply. A voluntary take-back of defect-free materials requires the prior consent of addilink3d; there is no entitlement to this.

15.5 Materials that have been opened, started, decanted, mixed, processed, or can no longer be clearly attributed to an original batch are, in principle, excluded from voluntary take-back. Statutory remedies for defects remain unaffected. In the case of a voluntary take-back, reasonable return transport, inspection, re-storage and other directly incurred costs may be deducted from the refund amount; the conditions are agreed in advance. Materials specifically procured, specially produced or exclusively reserved for the customer may be excluded from voluntary take-back.

15.6 The customer shall verify the suitability for its specific intended purpose, in particular for regulated or safety-critical applications, unless addilink3d has been expressly commissioned with the corresponding qualification. Safety data sheets, technical data sheets and manufacturer information must be observed. The customer is responsible for the regulations applicable at its site regarding storage, use, occupational safety and disposal. The proper disposal of residual materials, used materials, packaging and other waste is the customer’s responsibility, unless otherwise agreed.

§ 16 Service, Maintenance, Repair, Training and Consulting
16.1 Type, scope and remuneration are primarily determined by the quotation, order confirmation, service/maintenance contract or other individual agreement. Unless a fixed price is agreed, services are billed based on actual time and materials expended, at the billing rates applicable at the time of performance. In addition, insofar as not included, travel time, travel costs, rail, flight, rental car and travel expenses, accommodation, allowances, shipping, spare, wear and consumable parts, auxiliary and operating materials, as well as agreed surcharges may be charged. On-site service requires the prerequisites set out in § 8.

16.2 Insofar as technically possible and appropriate, telephone or digital fault analysis or remote support may initially be provided. Remote access takes place only insofar as technically provided for, necessary, and approved by the customer. Service and repair appointments are planned taking into account urgency, personnel, spare-part and manufacturer availability. Specific response, arrival or restoration times are only owed if expressly agreed. addilink3d may engage manufacturers, authorised service partners or other qualified third parties.

16.3 If the cause of a malfunction is not clear, the necessary troubleshooting may be charged as a service, provided no warranty case attributable to addilink3d results and addilink3d does not have to bear the costs on another legal basis. In the case of a justified warranty claim, cost bearing is governed by § 12. In the case of operating errors, insufficient maintenance, faults in the customer’s infrastructure, or other causes not attributable to addilink3d, the diagnostic and service effort may be charged. addilink3d shall announce material additional chargeable work, together with a description of services and a cost estimate or quotation, in text form. Such work will only be carried out after approval by the customer in text form; § 16.4 remains unaffected.

16.4 If an immediate additional measure is required to avert imminent danger to persons or significant risk to property, and coordination is not possible, addilink3d may carry out reasonable hazard-prevention measures. Cost estimates and quotations are, in principle, non-binding unless expressly designated as binding. A material overrun shall be coordinated with the customer. If a service visit cannot be carried out, or not fully carried out, for reasons attributable to the customer, the resulting reasonable expenses may be charged. Separate maintenance or service contracts may be concluded for recurring services.

16.5 A general obligation to stock particular spare or wear parts exists only upon express agreement. Training and briefings are provided in accordance with the agreed scope and technical status. The customer selects suitable participants. Training does not relieve the customer of responsibility for proper operation. Consulting, process development, material qualification and application services are provided on the basis of the agreed scope and the available technical state of knowledge. A particular technical or economic result is only owed if expressly agreed as a binding performance or acceptance criterion.

16.6 In the absence of such agreement, there is in particular no guarantee of productivity, reject rate, part costs, part properties, economic efficiency, series approval, certification or regulatory approval. The final inspection and approval of a manufacturing process or product for the specific intended purpose remains with the customer, unless otherwise agreed.

§ 17 Liability
17.1 addilink3d is liable in accordance with statutory provisions without limitation in cases of intent and gross negligence, culpable injury to life, body or health, fraudulent misrepresentation, to the extent of any expressly assumed guarantee, under the Product Liability Act, and in other cases of mandatory liability. In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the type of contract at the time of conclusion of the contract. Material contractual obligations are obligations, the fulfilment of which enables the proper performance of the contract and on the observance of which the customer may regularly rely.

17.2 In the event of slightly negligent breach of other obligations, liability is excluded to the extent legally permissible. Damage resulting from production and operational interruptions, loss of profit, and the costs of replacement production are recoverable under these rules insofar as they are, in the individual case, typical for the contract and foreseeable. Particular machine availability, production capacity, productivity or reject rate is only owed if expressly agreed. In the event of the slightly negligent loss of data or programmes, liability is limited to the recovery costs that would have been necessary had proper and regular data backups been performed; sentence 1 remains unaffected.

17.3 For damage caused by materials, parameters, software, accessories or other products of the customer or third parties, addilink3d is liable in accordance with the foregoing provisions, insofar as addilink3d is responsible for the circumstance causing the damage. The statutory provisions on vicarious agents and contributory negligence remain unaffected. The foregoing limitations of liability apply correspondingly in favour of the legal representatives, employees and vicarious agents of addilink3d, as well as to contractual and non-contractual claims, to the extent legally permissible.

§ 18 Retention of Title
18.1 addilink3d retains title to all delivered goods, machines, systems, components, spare parts and other delivery items until full payment of all claims arising from the respective contract. The customer shall handle goods subject to retention of title with care and shall insure valuable machines and systems to a reasonable extent against customary risks. Adequate insurance cover shall be demonstrated upon request. The customer may use goods subject to retention of title in the ordinary course of business as intended. Pledging or assignment as security to third parties is not permitted until full transfer of title.

18.2 Third-party access, in particular seizures or attachments, must be reported without delay; third parties must be informed of addilink3d’s rights. The customer bears the necessary costs of legal defence, insofar as the third party is not solvent and the customer is responsible for the access. Goods intended by their nature for resale may be resold in the ordinary course of business, provided there is no payment default or justified revocation.

18.3 Insofar as goods have been expressly acquired for resale, the customer hereby already assigns to addilink3d, by way of security, claims from their permissible resale in the amount of the outstanding invoice amount for the relevant goods; addilink3d accepts the assignment. The customer remains entitled to collect the claims until revoked. Revocation shall, in principle, only occur in the event of improper payment or a specific threat to the claims. Following a justified revocation, the customer must disclose the assigned claims and debtors, hand over documents, and inform debtors of the assignment.

18.4 Processing or transformation is carried out for addilink3d as manufacturer within the meaning of § 950 of the German Civil Code (BGB), without giving rise to any obligations. In the event of processing, combination or mixing with items belonging to others, addilink3d acquires co-ownership in proportion to the values involved. If the new item is to be regarded as the customer’s principal item, the customer hereby transfers to addilink3d a corresponding share of co-ownership and shall keep the item in safe custody free of charge on this basis. If the realisable value of the securities exceeds the secured claims by more than 10 %, addilink3d shall, upon request, release securities of its choice.

18.5 In the event of conduct in breach of contract, in particular payment default, addilink3d is entitled, in accordance with statutory requirements, to demand the return of goods subject to retention of title or to withdraw from the contract. A demand for return alone does not automatically constitute a withdrawal. Following effective withdrawal, any proceeds of realisation, after deduction of reasonable costs of realisation, transport, dismantling, inspection, repair and take-back, shall be credited against outstanding claims. The customer shall inform addilink3d without delay of any insolvency proceedings or other specific threats to the rights in the goods subject to retention of title. Mandatory statutory provisions remain unaffected.

§ 19 Software, Firmware, Licences and Digital Services
19.1 Software, firmware, machine controls, operating programmes, interfaces, applications, databases, licence keys and other digital services are provided exclusively within the scope of the agreed usage rights or those granted by the rights holder. The purchase of hardware does not automatically include the acquisition of ownership or all rights to software or firmware. These are, in principle, licensed and not sold. Scope, duration, territorial scope, transferability and other terms of use are primarily governed by the quotation, order confirmation, and effectively incorporated licence terms.

19.2 Unless further-reaching rights have been granted, the customer receives a non-exclusive right to use the software as intended with the relevant machine. Reproduction, distribution, communication to the public, sub-licensing, editing, modification, circumvention of technical protection measures, or use on other systems is only permitted to the extent granted or legally mandatorily permissible. Decompilation, reverse engineering and other examinations of the program code are only permitted to the extent legally mandatorily permissible. Technical assignments to machine, serial number, hardware, number of users, term, or other licence terms must be observed.

19.3 For third-party software, supplementary licence and usage terms may apply, insofar as effectively incorporated. Updates, upgrades, new versions, functional enhancements or additional licences are only owed if expressly agreed or legally mandatory. Safety-relevant updates or those required for proper operation must be installed in accordance with manufacturer specifications within a reasonable period, or their installation must be enabled, insofar as reasonable.

19.4 Unauthorised modifications do not, in themselves, lead to the loss of all warranty rights; however, claims are excluded insofar as the defect or damage was caused by the modification. addilink3d assumes no responsibility for malfunctions caused by non-approved software, firmware, drivers, interfaces, network configurations, IT security systems or modifications. Remote access only takes place following the customer’s approval and under the agreed technical and organisational conditions. The customer is responsible for the security of its own IT and network infrastructure.

19.5 Insofar as technically possible and reasonable, the customer shall back up its data, machine and process parameters before updates, service work or interventions. § 17 applies in addition for data loss. In the case of time-limited licences, subscriptions or software contracts, the right of use ends upon expiry or effective termination, unless otherwise provided. For a separately terminable licence, a serious breach of the agreed terms of use may, following a prior warning and a reasonable period for remedy, justify extraordinary termination; a deadline is only dispensable where its setting is not legally required.

19.6 The nature and consequences of termination are governed by the effectively agreed licence terms. Permanent usage rights to paid software necessary for the agreed machine operation are not withdrawn under this provision solely due to a breach of other contractual obligations. In the event of resale of a machine, software licences do not automatically transfer to the acquirer, insofar as the licence terms require consent, registration, transfer, or a new agreement. addilink3d is not obliged to provide source code, development documents, internal manufacturer information, service access, administrator passwords, or other information not agreed.

19.7 For software, configurations, scripts, interfaces or digital solutions developed by addilink3d itself, usage rights are specified in the quotation or separately; further-reaching rights remain with addilink3d.

§ 20 Intellectual Property Rights, Documents, Know-How and Confidential Information
20.1 All rights to quotations, calculations, concepts, drawings, technical documents, documentation, presentations, training materials, process descriptions, parameter recommendations, evaluations, software, scripts and other work products provided or created by addilink3d remain with addilink3d or the respective rights holder, unless otherwise agreed. The provision of such materials does not include any transfer of ownership, copyright, patent, trademark, design, know-how or other intellectual property rights, unless expressly agreed. The customer receives the right of use required for the respective contractual purpose.

20.2 Confidential or protected documents may not, without consent, be reproduced, published, commercially exploited or made accessible to third parties beyond the contractual purpose; necessary employees, consultants or service providers may be involved subject to an appropriate confidentiality obligation. Rights to manufacturer documentation, software, drawings, trademarks, product designations and other third-party content remain with the respective rights holder. Drawings, CAD data, part data, specifications, process information, samples, materials and documentation provided by the customer remain the customer’s property or right holder.

20.3 The customer grants addilink3d the usage rights necessary for the performance of the order. Insofar as necessary for the performance of the contract, addilink3d may pass on necessary customer information to manufacturers, suppliers, service partners or other vicarious agents; such disclosure shall be limited to what is necessary. The customer warrants that it is entitled to use and provide its data, drawings, models, trademarks, materials and other content.

20.4 In the event of third-party claims relating to content provided by the customer, the customer shall support addilink3d within its area of responsibility. Indemnification and damages obligations are governed by law. The parties shall treat information as confidential if it is marked as confidential or is confidential by its nature. This includes, in particular, drawings, CAD data, machine concepts, process parameters, material formulations, results from development and testing, calculations, non-public prices, and customer and supplier information. Business strategies, software and interface information, and other non-public know-how are also included.

20.5 Information that is demonstrably already public, becomes public without breach of obligation, is already lawfully known, is lawfully received from third parties, or is independently developed, is not confidential. Disclosures legally, officially or judicially required are permissible to the necessary extent; where legally possible, the other party shall be informed in advance. Confidential information may be disclosed to employees, affiliated companies, consultants, manufacturers, suppliers and service partners required for the performance of the contract, insofar as they are appropriately bound to confidentiality.

20.6 Confidentiality obligations continue for five years after termination; trade secrets shall be protected beyond this for as long as the statutory requirements exist. A separate confidentiality agreement or NDA takes precedence as the more specific provision. General technical knowledge, experience, methods and skills that addilink3d acquires or further develops in the course of its business activities, and which do not contain or disclose any confidential information of the customer, may also be used for other projects.

20.7 Names, trademarks, logos, images, project data or other identifiable customer information will only be used for advertising, reference or marketing purposes with corresponding authorisation or consent.

§ 21 Force Majeure and Other Impediments to Performance Beyond addilink3d’s Control
21.1 addilink3d is not liable for non-performance or delay insofar as these are based on events outside its reasonable sphere of influence, the effects of which cannot be prevented or overcome despite reasonable care. These include, in particular, natural disasters, fire, flooding, earthquakes, war, armed conflicts, terrorism, civil unrest, epidemics or pandemics, official measures, import or export restrictions, embargoes and sanctions, significant transport or logistics disruptions, lawful strikes or lockouts, significant energy, communication or supply failures, unavoidable cyberattacks, and official plant closures.

21.2 The same applies to such events occurring at manufacturers, upstream suppliers, logistics companies or other significant third parties, insofar as the service cannot be procured otherwise in a short time and at reasonable economic cost. Delivery and performance periods are extended or postponed for the duration of the impediment plus a reasonable period for restart, procurement, production and scheduling. addilink3d shall inform the customer within a reasonable period of any obstacles that have become known and their expected effects. addilink3d shall take economically and technically reasonable measures to limit the effects, but is not obliged to make disproportionately expensive replacement procurements or use alternative means of transport.

21.3 In the event of only a temporary delay, the mutual obligations remain in force. If the impediment lasts longer than 90 calendar days and performance within a reasonable period is not foreseeable, either party may withdraw with respect to the part not yet performed. Prior to withdrawal, reasonable alternatives such as rescheduling, changing the mode of transport, alternative delivery terms, a technically equivalent product alternative, or adjustment of the scope of services should be considered. There is no entitlement to a particular alternative unless agreed. Services already properly rendered and economically usable must be remunerated.

21.4 Advance payments without corresponding delivery or service shall be refunded upon withdrawal, insofar as no justified counterclaims exist. Claims for damages based solely on the event beyond the party’s control are excluded; mandatory liability and § 17 remain unaffected. Payment claims already accrued remain unaffected. A party responsible for the impediment may not rely on this Section.

§ 22 Export Control, Sanctions and Statutory Restrictions
22.1 Performance of the contract is subject to the proviso that delivery, provision, export, import, transfer or use does not violate applicable export control, sanctions or foreign trade law provisions. The customer shall comply with the export control, sanctions and foreign trade law provisions applicable to it. Insofar as legally required, the customer shall, upon request, provide reasonable information about the end recipient, country of destination, place of delivery, end use, and parties involved.

22.2 Delivered goods, machines, components, software or technology must not be exported, re-exported, transferred, sold or otherwise made available contrary to applicable regulations. Required official permits or approvals are a prerequisite for the affected service. Deadlines shall be reasonably extended in the event of examination or approval delays not attributable to addilink3d. In the event of final refusal of a required approval or mandatory legal impermissibility, addilink3d may refuse the affected service and, in accordance with law, withdraw from the part not yet performed.

22.3 The customer shall be informed within a reasonable period of permanent impediments to performance, insofar as legally permissible. Services already properly rendered and usable remain subject to remuneration; advance payments for services finally not to be rendered shall be refunded, insofar as no counterclaims exist. addilink3d is not liable for damage arising from lawfully refused, suspended or delayed performance due to mandatory provisions or official measures, insofar as addilink3d is not responsible therefor; § 17 remains unaffected.

22.4 The customer shall inform addilink3d, insofar as legally permissible, of circumstances of an intended unlawful use or transfer that become known to it. In the event of a culpable, material breach by the customer, addilink3d’s statutory rights to refuse performance and terminate remain unaffected. Mandatory statutory provisions take precedence over conflicting provisions.

§ 23 Data Protection and Handling of Personal Data
23.1 addilink3d processes personal data of the customer as well as its employees, contact persons and other persons involved in accordance with applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG). Data is processed in particular insofar as necessary for the initiation, establishment, performance and processing of the business relationship, in particular for quotations, communication, delivery, installation, service, warranty, support, training, invoicing, and statutory obligations.

23.2 Insofar as necessary for contract performance, addilink3d may transmit personal data to manufacturers, suppliers, logistics companies, service partners, technical service providers, and other engaged third parties; transmission shall be limited to what is necessary. This applies in particular to delivery, registration, installation, licensing, commissioning, maintenance, fault diagnosis, or warranty/guarantee processing involving manufacturer participation. Remote access takes place in accordance with the contractual agreements and data protection requirements; §§ 16 and 19 apply in addition.

23.3 Necessary transfers to countries outside the EU/EEA are made in accordance with applicable data protection regulations. The customer is responsible for ensuring that personal data provided by it may lawfully be transmitted and that data subjects have been informed where necessary. Where data processing within the meaning of Article 28 GDPR exists, the parties shall, insofar as necessary, conclude a separate agreement. Further information can be found in addilink3d’s applicable privacy policy.

§ 24 Governing Law and Jurisdiction
24.1 German law applies, excluding conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts having jurisdiction over addilink3d’s registered office shall have exclusive jurisdiction over all disputes arising from or in connection with the business relationship, to the extent legally permissible. addilink3d remains entitled to sue the customer at its general place of jurisdiction or any other legally permissible place of jurisdiction.

24.2 Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected.

§ 25 Final Provisions
25.1 Individual agreements take precedence. In the event of conflicts between contractual documents agreed upon by both parties, the following order of precedence applies to the affected content: (1) individual agreements, (2) the quotation and the corresponding order confirmation, including expressly incorporated annexes, (3) expressly agreed service or maintenance contracts for the services regulated therein, (4) these GTC, and (5) effectively incorporated supplementary manufacturer or licence terms. Specifically agreed licence terms take precedence with respect to usage rights, provided the customer was informed thereof prior to conclusion of the contract; expressly agreed characteristics and mandatory rights remain unaffected.

25.2 Technical documentation specifies technical requirements insofar as agreed or necessary for intended use. Changes and side agreements should be recorded in text form for evidentiary purposes; the precedence of individual agreements remains unaffected. addilink3d may engage qualified third parties to perform the contract and remains responsible for its own contractual obligations. A transfer of the entire contract to third parties requires the consent of the other party, insofar as its legitimate interests are affected; statutory rights of assignment remain unaffected.

25.3 The invalidity of a provision does not affect the remaining provisions; statutory provisions shall take their place. For contracts already concluded, the version of these GTC incorporated at the time of conclusion applies, unless the parties agree otherwise. The language of the contract is German, unless otherwise agreed; in the event of discrepancies in interpretation with a translation, the German version shall prevail. The place of performance is determined by the respective contractual agreement.