GTC

General Terms and Conditions of Sale

Unless otherwise agreed in a written and signed agreement, the following terms and conditions of sale apply:

1. Oral agreements, additional arrangements Oral agreements, additional arrangements etc. are invalid and not binding on VENDOMAT AG.

2. Delivery delay A delivery delay does not entitle the buyer to terminate the contract. If a delay caused by the site exceeds 30 days, VENDOMAT AG is entitled to invoice the item on the agreed payment terms.

3. Installations The buyer is obliged to ensure that installations are carried out in accordance with regulations (as set out in our installation instructions) and to bring them to the location specified by us before the machines/devices are called off. Any additional technician visits required for new installations carried out by the buyer that do not comply with regulations, and similar matters, will be charged at the standard rate.

4. Information provided by the buyer The buyer shall provide VENDOMAT AG without delay with all information that it needs to fulfil the order. Additional work arising from incorrect or faulty information provided by the buyer shall be borne by the buyer. The same applies to delays in time for these reasons.

5. Retention of title The goods supplied remain the property of VENDOMAT AG until the full purchase price and all related costs have been paid in full. The buyer agrees that the retention of title will be registered in the retention of title register at the buyer's expense. The entire purchase price is due immediately upon receipt of the invoice. If payment is not made within the specified period, VENDOMAT AG is entitled to assert its ownership claims and reclaim the goods.

6. Licences and activation The buyer acknowledges that VENDOMAT AG's products are subject to time-limited licences, which must be reactivated after a certain period has elapsed. In the event that the buyer is in default with payments, the buyer expressly agrees that VENDOMAT AG has the irrevocable right to reactivate the licence only after full payment of the outstanding amount owed.

7. Usage rights and warranty In return for payment of the agreed remuneration, VENDOMAT AG grants the buyer a non-exclusive and non-transferable licence to use the software, modules and program components. The buyer shall use the software and licences only in conjunction with the hardware and software products approved by VENDOMAT AG. The buyer shall treat software and documentation confidentially and take appropriate security precautions to protect them against use by unauthorised persons. The buyer is not permitted to copy or pass on software or documentation provided without the written consent of VENDOMAT AG. In the event of a breach, VENDOMAT AG reserves the right, without prejudice to claims for damages, to demand a contractual penalty of CHF 10,000.00 for each individual breach, excluding the assumption of a continuing course of conduct. The buyer acknowledges that it is not possible to develop software that is error-free for all conditions of use, and that, according to the current state of the art, errors in programs and documentation cannot be ruled out. The licensee acknowledges that no method exists for proving that software is error-free. A warranty for the factual accuracy of the programs or documentation is therefore expressly excluded. For 12 months from handover of the software version, modules or program components, VENDOMAT AG guarantees that they are compatible with and operable on the overall hardware/software configuration that existed at the time of handover. No further warranty obligation exists, in particular not that the software meets the buyer's requirements. At VENDOMAT AG's discretion, the warranty consists of a) rectification, b) replacement delivery or c) rescission of the contract.

8. Address changes The buyer is obliged to inform VENDOMAT AG within 10 days of any change of address and to make its landlord and, where applicable, other creditors aware of an existing retention of title. Failure to do so will also result in the outstanding balance becoming due. In this case, VENDOMAT AG will assert its ownership claims.

9. Warranty exclusions The warranty covers all mechanical and electronic parts. Excluded are damages caused by falls, negligent handling or use of force, as well as by external influences (e.g. power, neon, compressors, electronic systems). VENDOMAT AG rejects any claims for compensation or replacement for the failure of a device or software. Any repair carried out by third parties without the express consent of VENDOMAT AG releases VENDOMAT AG from all warranty obligations.

10. Withdrawal from the contract Until delivery, the buyer is entitled to withdraw from the contract, in which case VENDOMAT AG will invoice the buyer for all costs incurred by it (set-up costs etc.), up to one third of the gross sales price.

11. Place of jurisdiction The place of jurisdiction for all disputes is Bern.