GTC

1. Validity of the General Terms and Conditions and deviations
a) The following General Terms and Conditions (GTC) apply to all present and future contracts between the client and the SAMT Quak Group company.

b) Deviations from these terms and conditions and, in particular, terms and conditions of the client shall only apply if they are expressly recognised and confirmed in writing by SAMT Quak Group. This provision does not limit the validity of informal declarations made by representatives of SAMT Quak Group to the customer.

c) If individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.

2. Offers, collateral agreements

a) Unless otherwise stated, offers made by SAMT Quak Group are non-binding and subject to change with regard to all data provided and are subject to printing errors and other mistakes.

b) Offers are made by the SAMT Quak Group company to the best of its knowledge and belief. However, SAMT Quak Group assumes no liability for the correctness and completeness.

c) If an order confirmation from SAMT Quak Group contains changes to the order, these are deemed to have been approved by the customer unless the customer immediately objects in writing.

d) Agreements must always be made in writing. This provision does not restrict the validity of informal declarations made by representatives of the SAMT, Quak and Boka holding company to the customer.

e) In principle and unless otherwise agreed, offers are valid for 3 months from the date of issue.

3. placing of order

a) The type and scope of the agreed service are based on the contract, the power of attorney and these General Terms and Conditions.

b) Changes and additions to the order must be confirmed in writing by the company SAMT Quak Group in order to become the subject of this contractual relationship. This provision does not limit the validity of informal declarations made by representatives of SAMT Quak Group to consumers.

c) The SAMT Quak Group company undertakes to properly execute the order placed with the SAMT Quak Group company in accordance with the generally recognised rules of technology and the principles of economic efficiency.

d) The SAMT Quak Group company may engage other appropriately authorised parties (subcontractors) to fulfil the contract and place orders with them in the name and for the account of the client.

4. obligations of the client

a) For the duration of the contract, the client must secure the construction site against unauthorised access by means of suitable measures such as construction fencing or similar. In doing so, he must observe the statutory regulations.

b) The client must inform the company SAMT Quak Group about existing safety precautions and regulations on the construction site and in particular about accident prevention regulations before the order is carried out.

5. Cancellation of the contract

a) Withdrawal from the contract is only permissible for good cause.

b) If SAMT Quak Group is in default with a service, cancellation by the customer is only possible after setting a reasonable grace period; the grace period must be set by registered letter (for customers, the simple written form is sufficient).

c) If the customer is in default with a partial performance or an agreed co-operation activity, which makes the execution of the order by SAMT Quak Group impossible or considerably hinders it,SAMT Quak Group is entitled to withdraw from the contract.

d) If SAMT Quak Group is entitled to withdraw from the contract, Holding retains the right to the entire agreed fee, as well as in the event of unauthorised withdrawal by the customer. Furthermore, §1168 ABGB (Austrian Civil Code) shall apply; in the event of a justified cancellation by the customer, the customer shall pay for the services rendered by the SAMT Quak Group company.

e) Consumers within the meaning of the Consumer Protection Act have the right to cancel the contract within 14 days without giving reasons. The cancellation period begins on the day on which the contract was concluded in writing or verbally. To exercise the right of cancellation, the consumer must inform SAMT Quak Group by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to cancel this contract.

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6. Invoicing, payment

a) Services rendered shall be invoiced monthly and according to actual expenditure.

b) The unit prices are based on a weekly working time of 40 hours. If, for project-related reasons, it is necessary to exceed the working hours in consultation with the client, the legally applicable surcharges shall be charged.

c) Value added tax (VAT) is not included in the invoice amounts stated; this is to be paid separately by the client.

d) Payments are to be made within 14 days of separate invoicing, strictly net without deduction.

e) Discounts may only be deducted on the basis of an express prior written agreement and within the agreed payment period.

f) If there is reasonable doubt as to the solvency or creditworthiness of the customer,SAMT Quak Group shall be entitled to demand cash in advance, cash payment or other security at any time, even in deviation from the originally agreed terms of payment.

g) In the event of late payment, SAMT Quak Group shall charge the customer 10% interest on arrears per annum.

h) Compensation with any counterclaims, for whatever reason, is not permitted. Customers may only offset against recognised, judicially determined and connected counterclaims and in the event of insolvency of the SAMT Quak Group company.

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7. Warranty and compensation

a) Claims for cancellation and price reduction are excluded for entrepreneurs. Claims for improvement or supplementation of what is missing must be fulfilled by SAMT Quak Group within a reasonable period of time, which should generally be one third of the period agreed for the performance of the service. A claim for damages for delay cannot be asserted within this period.

b) The SAMT Quak Group company must provide its services with the care to be expected of it as a consultancy centre.

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8. Liability

a) SAMT Quak Group shall be liable for personal injury, property damage and financial loss caused by the fault of employees and/or the use of equipment and vehicles of SAMT Quak Group.

b) SAMT Quak Group shall not be liable for infringements of rights and damage of any kind caused by SAMT Quak Group due to a lack of information on the part of the client.

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9. Confidentiality

a) SAMT Quak Group is obliged to maintain the confidentiality of all information provided by the client as well as all information received or created during the performance of the activity.

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10. Choice of law, place of jurisdiction

a) Austrian law applies exclusively to contracts between the client and the SAMT Quak Group company.

b) For all disputes arising from this contract, in the case of entrepreneurs, the jurisdiction of the competent