§ 1 Scope of application

1. The following General Terms and Conditions (T&Cs) govern the contractual relation-ship between Sauer and the consumers and companies (hereinafter referred to as "Cus-tomer(s)") for using Sauer's website with the name »MakeyourProduct« (web shop) for the ordering, manufacturing and delivery of workpieces and prototypes based on the manufacturing technologies which are described by Sauer in the web shop.
2. The Customer's terms and conditions (T&Cs) shall not apply, even if Sauer does not specifically object to their validity in an individual case.
3. Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with Sauer without this being assignable to their commercial or independent professional activity.
4. Contractors within the meaning of these terms and conditions are natural persons and legal entities or partnerships of legal standing which enter into a business relationship with Sauer in exercising their commercial or independent professional activity.

§ 2 Conclusion of contract

1. Sauer's offerings on the internet constitute a no-obligation invitation to the Customer to order the manufacturing of workpieces and prototypes based on the manufacturing methods which are described in the web shop from Sauer.
2. A contract between Sauer and the Customer shall materialize when Sauer, in response to a request from the Customer, provides the Customer with an offer to conclude the contract following the upload and receipt of the CAD template(s) (by e-mail) and the Customer accepts this offer within an appropriate period of time by submitting a cor-responding declaration. Sauer shall immediately provide the Customer with confirma-tion of receipt of the order.

§ 3 Payment, due date, default on payment, right of set-off and right of retention

1. The workpieces and prototypes are to be paid for by advance payment, credit card or PayPal. Sauer reserves the right to accept or refuse to accept specific methods of pay-ment in individual cases.
2. Regardless of the method of payment which the Customer chooses, Sauer shall only be obliged to start manufacturing the workpiece or prototype once payment has been received, i.e. on the value date of the whole invoice amount (including value added tax and packaging and shipment costs). In the case of payment in advance, the Customer shall undertake to pay the invoice amount within 10 days of the contract being concluded.
3. In individual cases, in particular if the Customer is a »Premium Customer«, Sauer shall offer the option of purchase on account. The status »Premium Customer« shall be de-cided by Sauer. In this case, Sauer shall start manufacturing the product as soon as the contract is concluded and the invoice amount shall be due for payment within 14 days of the invoice being issued and the workpiece or prototype being received by the Cus-tomer.
4. Interest is to be charged on the invoice amount during any default period. The default interest rate is 5 percentage points above the base interest rate for the year. In the case of legal transactions in which a consumer is not involved, the interest rate shall be 8 percentage points above the base interest rate.
5. The clause above does not preclude the assertion of a higher claim for damages.
6. The Customer shall not enjoy any right of set-off or right of retention unless the coun-terclaim is uncontested or determined to be beyond appeal.

§ 4 Delivery; transfer of risk

1. Delivery is to be made following receipt of payment, Section 3 (2) of the T&Cs, and manufacturing by sending the workpiece or prototype to the address which is specified by the Customer. The Customer must pay the packaging and shipment costs as well as any duties or similar charges which are levied.
2. The type of shipment and the level of costs incurred for this shall be dictated by the size and weight of the workpiece or prototype requiring shipment.
3. Sauer shall only be responsible for the prompt, correct and proper delivery of goods to the shipping company and shall not be responsible for any delays which are caused by the shipping company.
4. If the Customer is a consumer, the risk of accidental destruction, of accidental damage and of accidental loss of the goods delivered shall transfer to the Customer at the time at which the goods are delivered to the Customer or the Customer defaults on ac-ceptance. In all other cases, the risk shall transfer to the Customer when the goods are delivered to the shipping company.
5. Notwithstanding Section 4 (4) of the T&Cs, Sauer shall insure the shipped goods against the usual transport risks at its own expense.

§ 5 Retention of title

The workpiece / prototype shall remain the property of Sauer until the invoice amount (in-cluding value added tax and packaging and shipment costs) has been paid in full. Prior to the transfer of title, any pledging, assignment as security, processing or reconfiguration shall not be permitted without the explicit consent of Sauer.

§ 6 Prices

The prices which are specified in the respective offer for workpieces or prototypes are the final price, including any value added tax which may be due and other price components. Delivery and shipment costs shall be detailed separately. The Customer must pay any duties or similar charges.

§ 7 Withdrawal

1. Sauer shall be entitled to withdraw from the contract even in relation to an outstanding part of the delivery or service if incorrect information has been given in respect of the Customer's credit rating or objective reasons have come to light regarding the Cus-tomer's inability to pay, for example the opening of insolvency proceedings in respect of the Customer's assets or the dismissal of such proceedings for lack of assets. Prior to withdrawal, the Customer shall be granted the option to make an advance payment or provide a suitable security.
2. Regardless of any claims for compensation, in the event of partial withdrawal partial services which have already been delivered must be accepted and paid for in accord-ance with the contract.

§ 8 Warranty

1. If the workpiece / prototype delivered has a defect, the Customer shall be entitled to initially demand that Sauer rectify the defect or deliver a defect-free workpiece / pro-totype; if the Customer is a contractor, Sauer shall be entitled to choose between the options of rectifying the defect or delivering a defect-free article. This choice can only be made by way of providing notification in text form (including by fax or e-mail) to the Customer within three working days of having been notified about the defect. Sauer shall be entitled to refuse to accept the supplementary performance option chosen by the Customer if this is only possible at disproportionate expense.
2. If the supplementary performance option outlined in clause 8 (1) fails or is unaccepta-ble to the Customer or Sauer refuses the supplementary performance, the Customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, reduce the purchase price or demand compensation or reim-bursement of its wasted expenditure. The Customer's claims for compensation shall al-so be governed by the special provisions in Section 9 of these General Terms and Conditions.
3. The warranty period is two years from delivery if the Customer is a consumer; other-wise it is twelve months from delivery.
4. If the Customer is a contractor, the Customer must carefully examine the workpiece / prototype immediately after it is sent. The delivery shall be deemed to have been ac-cepted if no defect is notified to Sauer

a) in the case of obvious defects within five working days following delivery or otherwise
b) within five working days after the defect is discovered.

§ 9 Limitation of liability

1. For any loss or damage other than that resulting from death, physical injury and dam-age to health, Sauer shall only be liable to the extent that this loss or damage is a result of willful action or gross negligence or a culpable breach of a substantial contractual obligation by Sauer or its agents. An obligation is substantial to the contract if its ful-fillment is actually required for the implementation of the contract and the Customer can regularly rely on its being complied with. Any liability for compensation extending beyond this is excluded. Claims based on a guarantee provided by Sauer as to the quality of the workpiece or on account of provisions of the German Product Liability Act shall remain unaffected by this.
2. Based on the current state of the art, data communication via the internet cannot be guaranteed to be free of any errors and/or available at all times. Sauer shall therefore not be responsible for ensuring that the »MakeyourProduct« shop is available at all times.
3. The Customer provides an assurance that the CAD template(s) which it provides is/are free of any third-party rights, in particular that no copyrights, trademarks, utility mod-els/registered designs or patent rights are infringed. Sauer does not have any obligation of its own to check the documents which are provided. However, if a claim should be asserted against Sauer by a third party on account of the infringement of its rights, the Customer shall undertake to indemnify Sauer against any liability.

§ 10 Data protection

1. The data which is collected as part of the conclusion of the contract is stored electroni-cally. The data shall be handled in accordance with the provisions of the German Data Protection Act and only made available to third parties to the extent that this is neces-sary to properly implement the purpose of the contract.
2. The e-mail address which the Customer specifies as part of the conclusion of the con-tract shall be used by Sauer for the purpose of directly promoting its own similar goods or services. The Customer shall be entitled to object to this use at any time by notifying Sauer (e.g. by sending an e-mail to: info@makeyourproduct.com).

§ 11 Applicable law, place of jurisdiction, severability clause

1. German law shall apply exclusively. The application of UN law is excluded.
2. The place of performance and jurisdiction shall be, if the Customer is a merchant, legal entity under public law or special fund under public law, the registered office of Sauer. The same shall apply if the Customer does not have any general legal domicile in Germany or the domicile or usual place of residence is not known at the time that legal proceedings are instituted.
3. In the event that one of the above contractual terms should be or become ineffective, this shall not affect the effectiveness of the contract in other respects. The ineffective term is to be replaced by an effective term which represents the closest approximation to the actual or presumed intention of the parties to the contract.