General Terms and Conditions

1. Scope and general provisions

For business relationships with
Ludwig Schink
Dorfstraße 24,
16845 Breddin GT Damelack
("lsc electronics")
with respect to a company in accordance with § 14 BGB, a legal entity under public law, or a public-law special fund within the meaning of § 310 I BGB ("Client"), these General Terms and Conditions ("GTC") exclusively apply.
The Client's terms and conditions, which are contrary to or deviate from the above, shall not become part of the contract, even if they are not expressly rejected. This also applies if the Client's terms and conditions stipulate that the Supplier's deviating terms and conditions shall not apply or shall only apply with written acceptance, or if the delivery to the Client is carried out without reservation.
Without any different agreement, these terms and conditions, as communicated at the time of the respective conclusion of the contract, shall apply as a framework agreement for all future similar contracts between lsc electronics and the client, without lsc electronics having to refer to or make reference to them in individual cases.
The contractual service in these terms and conditions encompasses all products that represent the owed embodied and/or intellectual performance results, meaning that both hardware and/or software development as well as ancillary services such as assembly and testing are included. The delivery of these products is exclusively subject to the sales modalities listed herein.

2. Scope of consulting and development services

The scope and content of the respective service provided by lsc electronics is primarily determined and defined by the agreed-upon task. lsc electronics will perform the service in accordance with common and current technical standards, as well as the written task specification. Standard components used by lsc electronics in the products are generally supplied without system technical documentation. Deviations or more detailed specifications will be agreed upon separately if necessary.
The implementation of the service is generally carried out at the premises of lsc electronics. Upon agreement, it can also be conducted at the client's premises to the extent necessary for proper execution. In this case, the client must provide lsc electronics or its employees with adequate workspaces and tools. The resulting travel time for a round trip constitutes part of the working hours.
The extent and content of the respective service provided by lsc electronics is largely determined and defined by the agreed upon scope of work. lsc electronics will deliver the service in accordance with prevailing and current technical standards, as well as the written scope of work. Standard components used by lsc electronics in the products are generally supplied without system technical documentation. Any deviations or additional details will be separately agreed upon if necessary.
Costs incurred as part of necessary travel by lsc electronics to the client's premises, as well as any additional expenses, will be invoiced separately at the prevailing rates set by lsc electronics.
The consulting services provided by lsc electronics consist, unless otherwise agreed upon in individual cases, of independent and directive-free advice to the client as a service. A specific outcome as a result of the consulting service is neither owed nor guaranteed. The client solely and responsibly determines the timing, nature, and scope of measures recommended or coordinated by lsc electronics. This applies even if lsc electronics undertakes the implementation or accompanies measures initiated by the client.
The development services provided by lsc electronics fall within the realm of applied research and development. The associated risks include the possibility that research and development goals may not be achieved, either partially or in full. Therefore, lsc electronics does not provide any guarantees and/or assurances regarding the subject matter of the contract.
The services offered by lsc electronics for the production of products or objects in the form of prototypes, demonstrators, test specimens, or series (production) components are carried out using in-house production and manufacturing capacities, and potentially with the involvement of external service providers and partners. Unless it concerns the production of series (production) components with proof of obligation, lsc electronics is not obliged to provide information regarding any external service providers and partners involved, including but not limited to company name, location, and/or pricing conditions, to the client. Additionally, individual circuit parts, modules, assemblies, and/or software are typically used in various projects and are often derived, either partially or entirely, from circuits of component manufacturers or other sources.
If the creation of a functional prototype has been agreed upon with the client, it will be developed using plans (such as circuit diagrams, printed circuit board layouts, assembly plans) and programs (such as program code for microcontrollers, FPGAs, etc.), unless otherwise agreed upon in writing. The respective format in which the plans and programs are presented is generally determined by lsc electronics, unless a specific format has been agreed upon with the client.
As a rule, a deliverable must meet the following requirements unless otherwise agreed upon in writing:
1. Prototypes are generally only tested under short-term operating conditions in laboratory conditions, unless additional tests are commissioned by the customer. We do not provide a warranty for the application of the deliverable under real operating conditions (e.g., temperature, continuous operation, service life, mechanical stress, etc.).
2. Additionally, compliance with applicable electromagnetic compatibility standards (EMC) is not explicitly guaranteed. EMC tests are generally to be commissioned separately by the customer. In this case, such tests are conducted in an EMC laboratory for pre-compliance, unless a laboratory with additional certification has been agreed upon in writing. We do not provide any warranty for passing the tests in general.
3. The deliverable is not guaranteed to be free of errors. This cannot be agreed upon elsewhere, as the components and software modules used also do not guarantee freedom from errors.
4. Furthermore, use in critical or life-support systems, such as in nuclear power plants, aircraft, life support systems, etc., is generally rejected unless such use has been agreed upon in writing with the client beforehand.
5. If the deliverable is to be used as a product or applied in a product, lsc electronics does not provide any warranty regarding conformity with applicable standards and laws (e.g., CE), unless such proof of conformity in the overall system has been explicitly commissioned.
6. lsc electronics expressly warns that prototypes, in particular, may pose risks (e.g., dangerous voltages, radiation, health-hazardous substances). Application, testing, and further processing must always be carried out by qualified specialists. Since it is inherent to a prototype that unforeseeable properties and potentially dangerous events may occur during testing, appropriate precautions must be taken.
7. As lsc electronics operates in the field of applied research and development, the deliverables provided or products manufactured by lsc electronics based on the deliverables are generally not to be delivered, sold, or leased directly to dealers or end customers until compliance with all safety and other relevant standards applicable to the product and its application has been ensured.

3. Order Placement and Conclusion of Contract

Offers from lsc electronics are always non-binding and subject to change, regarding price, scope of services, quantities, delivery conditions, and additional services, unless expressly stated otherwise in the 1st offer. A contract is only concluded upon a written order confirmation and is solely governed by its content. Alternatively, a contract may also be concluded through actual performance. Any oral agreements require written confirmation; otherwise, they are considered null and void.
This requirement of written form also applies to any ancillary and amendment agreements. A contract cannot be concluded by the unilateral written reference of the client to concluded contract negotiations. Silence from lsc electronics shall in no event be deemed as consent.
The binding period for the providing offer in written or text form, unless agreed otherwise or explicitly stated in the offer, regardless of its receipt, is thirty (30) days from the specified date of creation.
All information regarding weight, content, dimensions, color, etc. on drawings, illustrations, presentations, brochures, and/or catalogs are generally only average values, unless these values are expressly agreed upon in writing and part of the offer, or are mandatorily required by legal regulations. However, industry-standard and technically unavoidable deviations are always permissible.
lsc electronics reserves all ownership, usage, and exploitation rights to the offer and accompanying documents, as well as their contents. In addition, the contained information constitutes trade and/or business secrets of lsc electronics. Unauthorized use or disclosure is therefore prohibited to the client.
By accepting our offer, the client acknowledges lsc electronics' terms and conditions, even if they conflict in whole or in part with their own terms and conditions.
Should minor and/or reasonable changes become necessary during the execution of the order, regarding the project plan or the scope of work and services listed in the offer and its supplementary documents, lsc electronics will discuss this with the client and, if necessary, provide a corresponding change offer.
However, if the client wishes to change essential components regarding the contract and the requirements for the deliverable, lsc electronics is not obligated to accept them. If lsc electronics accepts the changes, it will provide a corresponding change offer.
Change offers may include, depending on necessity, changes to the schedule, adjustments to the work to be performed, quantities, quality differences, and possibly additional compensation. lsc electronics reserves the right to significantly postpone the deadline in case of higher workload. If this is the case, the client will be notified in writing. In addition, lsc electronics may request further adjustments to the contract, especially progress payments for extensions of the project scope and/or the involvement of external partners to fulfill the project.
Until the client accepts or rejects the change offer, lsc electronics reserves the right to suspend work on the relevant offer. Accordingly, the agreed delivery deadlines are extended.

4. Retention of Title and Right of Use

The deliverables owed by lsc electronics as the contractor shall remain the property of lsc electronics until all current and future claims of lsc electronics from an ongoing business relationship with the client ("secured claims") have been fulfilled.
The deliverables subject to retention of title may not be pledged or transferred to third parties before complete payment of the secured claim. The client must inform lsc electronics immediately in writing if an application for insolvency proceedings has been filed or if third-party access (e.g., through attachment) to the deliverables belonging to lsc electronics is imminent or has occurred.
In the event of the client's contractual breach, especially in case of default in payment, lsc electronics is entitled, in accordance with statutory provisions, to withdraw from the contract and/or demand the return of the deliverables based on the retention of title, thereby subjecting them to the free disposal authority of lsc electronics. In such a case of software transfer, all usage and exploitation rights contractually granted to the client shall expire. If the client's contractual breach is based on default in payment, lsc electronics may only enforce these rights if it has previously granted the client a reasonable grace period for payment without success, or if such a deadline setting is dispensable under statutory provisions.
Until revoked, the client is entitled to process, mix, or combine the deliverables subject to retention of title with one or more other items within the scope of orderly business operations. In this case, lsc electronics acquires co-ownership of the new item in proportion to the invoice value of the deliverables subject to retention of title in relation to the other processed, mixed, or combined items. This also applies if third-party property rights exist in the other items. Otherwise, the same provisions apply to the new item as to the deliverables subject to retention of title.
Furthermore, the client is not authorized to sell the deliverables subject to retention of title, even as part of a new item, to third parties unless lsc electronics grants written consent.

5. Performance Deadlines and Default in Performance

The performance deadline (= deadline for the provision of the contracted service) is either individually agreed with the client or specified by lsc electronics within the scope of the offer or order acceptance. Furthermore, the performance and/or acceptance deadline is generally only binding if it has been agreed in writing.
Compliance with this contractually agreed performance deadline requires timely receipt of all documents to be delivered, necessary approvals, and clearances in the form of documents, drawings, CAD models, images, graphics, tables, etc., as well as compliance with the agreed payment terms and other obligations by the client ("obligations to cooperate"). In the event of non-fulfillment of these requirements, the agreed deadlines shall be extended by a reasonable period, which may be longer than the client's default period due to high workload. Changes initiated by the client for the deliverables to be provided also lead to a reasonable extension of the performance deadline.
In the event of foreseeable default in performance, lsc electronics shall immediately notify the client and coordinate further action with the client under the provision of an amicable and solution-oriented agreement.
In special cases, such as
1. events of force majeure of any kind, especially unforeseeable operational, traffic, or shipping disruptions, fire damage, floods, war, unforeseeable shortage of labor, energy, raw materials, or auxiliary materials, strikes, pandemics, lockouts, or official orders;
2. critical impacts due to attacks by third parties on the IT system of lsc electronics, provided they occur despite compliance with the customary care regarding protective measures;
3. obstacles due to German, US-American, or other applicable German, EU-related, or international foreign trade law regulations;
4. non-timely and/or proper delivery to lsc electronics of the resources, tools, software, as well as raw materials, semi-finished products, or components required for performance by third parties - despite the implementation of appropriate and diligent precautionary measures for timely procurement of these; an appropriate extension of the performance deadline shall be agreed with the client.
Furthermore, lsc electronics is entitled to partial delivery if, among other reasons, not all ordered products, items, and/or services are available or present within the agreed deadline, provided that this is reasonable for the client and an agreement has been reached regarding the assumption of additional costs. In addition, lsc electronics is entitled to issue a corresponding partial invoice for partial delivery.
Moreover, a delivery and/or acceptance delay does not entitle the client to rescind the contract, reduce an invoice, or refuse acceptance. Rather, lsc electronics must be granted a reasonable grace period for subsequent performance, even in cases other than those mentioned in Clause 5.4. Only after non-compliance with this rectified deadline is the client entitled to rescind the contract without asserting claims for damages and reimbursement of expenses, unless another arrangement has been made.
In the case of custom-made products, where the deliverable is entirely tailored to the individual needs and requirements of the client, so that any further use is not possible, the client may only withdraw from the contract with regard to the unfulfilled part of the deliverable. lsc electronics is, in turn, entitled to invoice for the deliverable already provided.

6. Transfer of Risk and Default of Acceptance

Any performance by lsc electronics takes place - unless otherwise agreed in writing - ex works. The place of performance for deliveries and any subsequent performance is also ex works. Deliveries are made ready for loading without packaging. Shipment to a different destination is made at the client's expense by mutual agreement. Subject to a different agreement, lsc electronics is entitled to determine the type of shipment - in particular, the carrier, the shipping route, and the packaging.
The risk of accidental loss and/or deterioration of the deliverable passes to the client at the latest upon transfer. Furthermore, this risk passes to the client upon collection by the client already upon notification of completion and contractual provision of the deliverable in the works of lsc electronics. In the case of data transmission, this risk passes to the client upon dispatch of the data. In the case of shipment, this risk as well as the risk of delay passes upon delivery to the carrier, the carrier, or the other person or institution designated for the execution of the shipment.
Furthermore, the client is obliged to accept delivered deliverables and must create all necessary conditions for this in a timely manner. Acceptance or default in acceptance is deemed to have occurred if the client is in default of acceptance. In this case, the risk of accidental loss or deterioration of the deliverable passes to the client at the time when the client is in default of acceptance or debtor's delay.
lsc electronics generally hands over completed development work and other components of the deliverable to the client, who must independently verify the contractual conformity of the delivered performance in every respect. After a six-week (6) inspection period from delivery, the deliverable is automatically deemed accepted unless the client has notified in writing of non-usability due to significant defects within this period.
If partial deliveries have been agreed, they are each accepted individually. The interaction of all partial deliveries is accepted within the acceptance inspection for the final partial delivery.
In the event of default in acceptance by the client, lsc electronics is entitled to claim compensation for the resulting damages, including additional expenses (e.g., storage costs), if the client is responsible for the failure to cooperate or the resulting delay in performance. Further claims are reserved.

7. Payment Terms and Default in Payment

In principle, billing is based on the actual effort expended in working hours as well as material costs. The offered hours serve as a guideline only and may deviate from the actual hours worked, unless otherwise agreed.
All prices communicated by lsc electronics are generally stated in euros and as net amounts, i.e., excluding the applicable statutory value-added tax, transportation, insurance, and packaging, unless otherwise agreed. If shipment is agreed, the client bears all transportation costs and ancillary transportation costs from the factory, including the costs for packaging, transport insurance, as well as any customs duties, fees, taxes, and other public levies.
The respective invoice amount is due within fourteen (14) days without deduction from the date of invoicing and must be paid by the client, unless another written agreement (e.g., on the offer or invoice documents) has been made. lsc electronics is also entitled, after prior agreement with the client, to perform a service in whole or in part only against advance payment. This will be announced before the execution of the order, at the latest with the order confirmation.
Payment is considered to have been made as soon as lsc electronics has unrestricted access to the full amount.
In addition, invoices from lsc electronics are deemed accepted if the client has not lodged a written objection within two (2) weeks of receipt.
After the expiry of the payment deadline, a client is in default without the need for a reminder, so that lsc electronics may charge default interest on the invoice amount during the default period at the respectively applicable statutory default interest rate. The right to commercial default interest (§ 353 HGB) as well as the assertion of further default damages and/or the lump sum under § 288 V BGB by lsc electronics remain unaffected.
Costs incurred due to reminders or due to debiting a payment transaction for lack of cover or due to data transmitted incorrectly by the client will be invoiced to the client by lsc electronics.
lsc electronics is entitled to credit incoming payments from the client first to the client's older debts and costs, then to the interest, and finally to the principal claim.
Offset by the client is only permissible if it has been notified in writing one (1) month in advance and relates to undisputed or legally established claims. The offset declaration must be made in writing, specifying the corresponding claim and counterclaim. However, the client's right to retain against a claim against lsc electronics is only possible for claims arising from the same contractual relationship.

8. Collaboration and Client's Obligation to Cooperate

For collaboration with lsc electronics, the client must appoint a specific project manager who can make decisions or promptly bring them about. The decisions are to be independently documented in writing by this person. In addition, the client's project manager from lsc electronics is available for necessary inquiries. If no specific project manager is named by the client, lsc electronics will contact the person who originally contacted lsc electronics or other employees of the client.
In principle, lsc electronics will carry out the respective work for the execution of the order to the best of its ability, based on the latest state of science and technology, using existing and/or knowledge and experience gained during the collaboration, in close contact with the client.
In order to ensure successful and efficient collaboration, lsc electronics and the client will mutually, after prior coordination, provide all information, documents, and data required for the execution of the work in a timely manner. lsc electronics assumes that the information provided by the client is complete and error-free, and that all necessary patent and copyright protection and usage rights are available. lsc electronics is not obliged to verify the accuracy, completeness, and correctness of the information or to conduct its own research.
In addition, the client undertakes not only to provide all requested information and agreed personnel and material resources but also to promptly notify in writing of changes in circumstances. In the event of breaches of this agreement, lsc electronics is entitled to terminate or terminate the contract after notification and a reasonable deadline and to claim damages incurred (e.g., lost profit, wasted working time).
lsc electronics may engage subcontractors to fulfill its obligations.

9. Rights to Tools for Service Provision

The trade secrets, practical knowledge, know-how, proprietary technologies, methodologies, industrial property rights, (software) copyrights, and any combination thereof ("intangible aids") used by lsc electronics in the course of its services remain with lsc electronics. The client is granted a non-transferable right to use the intangible aids for the contractually agreed duration, to the extent necessary for the contractually agreed purpose. All other rights, such as reproduction, distribution, etc., are not transferred.
The documents, objects, or other aids provided by lsc electronics to the client are provided on loan exclusively - unless otherwise agreed. They are intended solely for use in the performance of the work and must be returned to lsc electronics at its request upon completion of the work.
The tools, auxiliary models, work equipment, devices, models, molds, etc. ("physical aids") produced by lsc electronics in the course of its services are not part of the subject matter of the service without express agreement in the offer documents and therefore remain the property of lsc electronics. Furthermore, lsc electronics is entitled to all usage and exploitation rights to these aids.
The physical aids will be kept by lsc electronics for at least six (6) months after completion of the order without recognition of a legal obligation. After this period, lsc electronics is entitled to dispose of the physical aids - unless otherwise agreed.
Without further agreement, the client is not entitled to pass on the documents to third parties, use them for further development themselves, or have them made or commissioned on the basis of these documents. In the event of a breach, especially unauthorized disclosure or provision to third parties, lsc electronics may demand payment of a contractual penalty from the client in the amount of three times the value of the agreed fee. The assertion of actual damages incurred remains unaffected.

10. Rights to Service Results and Inventions

lsc electronics' rights to the contracted service items shall pass to the client upon expiry of the retention of title pursuant to §4 of these GTC, to the extent legally possible.
The client is granted the right to use copyright-protected service results spatially, temporally, and in terms of content without restriction to all known types of use ("usage rights") upon expiry of the retention of title pursuant to §4 of these GTC. This usage right includes the rights of reproduction, distribution, exhibition, presentation, performance, and demonstration, as well as the right of public access, broadcasting, reproduction by means of image or sound carriers, and reproduction of radio broadcasts and public access. The usage right is sublicensable and transferable. lsc electronics waives the right to be named as the author, to the extent legally possible.
lsc electronics is fully entitled to the rights to inventions, to the extent legally permissible, if the service result contains protectable inventions and no deviating contractual agreements have been made. lsc electronics is not obliged to apply for a protective right. The client is granted a simple right of use with regard to this service result, which is spatially, temporally, and in terms of content unlimited as well as sublicensable and transferable and is deemed to be covered by the total remuneration. In return, the client undertakes to bear the costs incurred - in particular for any employee invention remuneration. The client is granted the opportunity to acquire the exclusive rights to the corresponding service results for a reasonable and customary fee within the framework of an additional agreement to be concluded with lsc electronics. After the transfer of rights, the client is entitled, but not obliged, to apply for protective rights.
If inventions are made in the course of contractual cooperation, in which both employees or representatives of the client and lsc electronics as the contractor were involved, the rules on co-ownership apply.
In the event of a breach of these rights, especially in the case of unauthorized disclosure or provision to third parties, lsc electronics may demand a contractual penalty from the client in the amount of three times the agreed fee. The assertion of actually incurred higher damages remains unaffected.

11. Third Party Intellectual Property Rights

lsc electronics endeavors, applying industry-standard care, to ensure that the service items are free from third-party intellectual property rights in the country of performance that would exclude or impair the use of the service by or for the client ("conflicting intellectual property rights"). This effort does not include a search for conflicting intellectual property rights or their evaluation ("intellectual property search").
In individual cases, the client can agree with lsc electronics to conduct an intellectual property search regarding the service items. The client acknowledges that, even with an extensive and thorough search, it is impossible to find all potentially relevant conflicting third-party intellectual property rights. Furthermore, the client acknowledges that the interpretation of the identified third-party intellectual property rights always involves uncertainties.
Upon becoming aware of conflicting intellectual property rights, whether through the communication of the results of the conducted intellectual property search or by other means, the client has the choice to:
1. offer lsc electronics the paid development of a technical solution that does not infringe the specific intellectual property right;
2. request lsc electronics, at the client's expense, to temporarily suspend the services in order to address the specific intellectual property right or to acquire an appropriate license for it; or
3. terminate the contract with lsc electronics with the consequences according to § 14 of these GTC.

12. Defect Claims of the Client / Warranty

The contractual service item to be provided by lsc electronics must be provided to the client in accordance with the agreed service description and scope of services ("quality") free from defects in material and legal defects. The contractor ensures that the service meets the contractually agreed quality.
In the case of material and legal defects (including incorrect and underdelivery as well as improper installation or defective installation instructions), the statutory provisions apply, unless otherwise specified below.
Accordingly, lsc electronics is not liable for public statements (e.g., advertising statements) about the quality of the service item made by a supplier or other third parties, including the client to its customers. In addition, claims for supplier recourse are generally excluded if a defective service has been further processed by the client or another contractor (e.g., when installed in another product). Regardless, the client is obligated to immediately notify lsc electronics of any recourse event occurring in the supply chain, upon becoming aware of it.
All defect claims of the client require the client to comply with the statutory obligation to inspect and give notice of defects. In addition, the client is obligated to document any defects or poor performance when asserting warranty claims and to submit this documentation in writing without delay.
The use of hardware and software is only permitted in the configuration recommended by lsc electronics and for the approved purpose. In the event of a breach of this agreement, all warranty and compensation claims are void.
In any case, defect notifications for obvious defects - from receipt - and for hidden defects - from discovery - must be communicated to lsc electronics in writing within fourteen (14) days. If the client fails to inspect or fails to notify lsc electronics of a discovered defect, or does so late or not in the agreed written form, lsc electronics is exempt from liability for that defect.
If service items are designated as prototypes, demonstrators, or test samples, lsc electronics expressly states that these - unless otherwise agreed - are intended solely for the purpose of illustration or simple functional testing. Therefore, claims for defects and damages against lsc electronics arising from improper use are excluded.
If a client accepts a service knowing of a defect, the client is entitled to defect claims only if these have been expressly reserved in writing.
If the service provided by lsc electronics is defective and/or defect claims of the client are not excluded, lsc electronics may initially choose whether to remedy the defect through rectification (repair) or replacement. The right of lsc electronics to refuse rectification under the statutory conditions remains unaffected.
In turn, the client must provide lsc electronics with the time and opportunity necessary for the rectification owed - including the opportunity for independent examination of the disputed service. In the case of replacement, the client must return the defective item to lsc electronics in accordance with legal regulations.
Expenses necessary for inspection and rectification, including transport, travel, labor, and material costs as well as any dismantling and reinstallation costs, are borne or reimbursed by lsc electronics in accordance with statutory regulations if there is actually a defect. Otherwise, lsc electronics demands reimbursement of the costs incurred, such as inspection and transport costs, for unjustified rectification from the client. Without explicit agreement, this cost-bearing rule does not entitle the client to an advance payment to cover possible transport, travel, installation, or dismantling costs by lsc electronics, even if the issue of a valid defect is still unresolved.
The client has the right in urgent cases, such as endangerment of operational safety or to avert disproportionate damage, to rectify the defect themselves ("self-performance right") and to demand reimbursement from lsc electronics of the objectively necessary expenses incurred for this purpose. Such self-performance must be notified to lsc electronics without delay, preferably beforehand, if possible. However, such self-performance right does not exist if lsc electronics would be entitled to refuse corresponding rectification under the statutory provisions or if there is no defect that needs to be rectified.
Furthermore, lsc electronics 's obligation to rectify expires if the client has made significant changes to the service item, such as plans, components, prototypes, or the corresponding product.
In the event of two unsuccessful attempts at rectification or the unsuccessful expiration of the reasonable rectification period set by the client, the client may withdraw from the contract or claim a price reduction. There is no right of withdrawal for a minor defect that does not prevent contractual performance or the product's quality.
Defect claims are also excluded if changes or repairs are made by the contractual partner or third parties.
The limitation period for defect claims is generally one (1) year.
Claims for damages by the client or reimbursement of futile expenses in the event of defects exist only in accordance with the standards of § 13 of these GTC and are otherwise excluded.

13. Liability

Unless otherwise provided in these GTC or the following provisions, lsc electronics as contractor is liable for breach of contractual and/or non-contractual obligations in accordance with statutory provisions.
With regard to liability of lsc electronics for damages, the following liability exclusions and limitations apply independently of other statutory requirements:
The liability of lsc electronics is generally limited to the application of scientific care and compliance with recognized rules of technology.
lsc electronics assumes no liability regarding the actual feasibility of the project or its economic viability, provided that the service provided corresponds to what is owed.
lsc electronics is also liable for damages - regardless of the legal basis - in cases of intent and gross negligence.
Furthermore, lsc electronics is liable for the slightly negligent breach of essential obligations, the breach of which endangers the purpose of the contract, or for breaches of obligations, the fulfillment of which enables proper contract performance and on whose compliance the client generally relies. However, lsc electronics is liable only for foreseeable and contract-typical damages in this case. In this case, the compensation claim is limited to €10,000, and liability for any loss of profit to the client is excluded. lsc electronics is not liable for any other slight negligent breaches than those mentioned.
Liability of lsc electronics for the loss of stored data is also excluded.
However, the liability limitations listed above do not apply in cases of injury to life, body, and health, for defects covered by a warranty regarding the quality of the service item, and for fraudulently concealed defects. Such warranty agreements must be expressly named as such in the service description.
Furthermore, lsc electronics assumes no liability beyond what is mandatorily required by law. Liability for consequential damages is expressly excluded.
If the liability of lsc electronics is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
The limitation period for client's claims for damages against lsc electronics is two (2) years from the date of knowledge of the damage. Without taking this knowledge into account, the claim shall expire no later than three (3) years from the date of acceptance.

14. Termination

Each contracting party is entitled to terminate the contract with a notice period of 4 weeks to the end of the calendar month if, after the expiry of a significant processing period, but at the earliest 6 months after the conclusion of the contract, lsc electronics has not achieved significant project progress. Otherwise, there is no ordinary right of termination.
Each contracting party is entitled to terminate the contract for cause. A material cause for lsc electronics includes, among other things, if the client violates the non-solicitation agreement, the obligation to cooperate, essential instructions from lsc electronics, or essential contract terms, or the resulting contractual obligations. This enumeration is not exhaustive.
Termination must be in writing. After effective termination, lsc electronics shall hand over to the client the service item achieved until the end of the termination period. In return, the client is obliged to reimburse lsc electronics for the costs incurred up to the end of the termination period, including a profit corresponding to the stage of work. For fixed prices, settlement is based on the project status in relation to the total work. In addition, lsc electronics is entitled to remuneration for the liabilities incurred up to the time of termination.
In case the termination is due to fault of one of the contracting parties, claims for damages remain unaffected.

15. Confidentiality and Non-Disclosure

lsc electronics undertakes to use all knowledge of trade secrets and/or information designated as confidential in writing within the scope of the contractual relationship only for the performance of the agreed service and to treat it confidentially.
The internal transfer of confidential information by a contracting party is only permitted to the extent necessary for the order and it is ensured that only employees and agents who have been subject to confidentiality obligations to the extent legally possible receive the confidential information.
Third parties within the meaning of this provision are not those entrusted by lsc electronics with partial services under the contract, and who have been obliged to maintain confidentiality.
The obligation to maintain confidentiality does not apply to information (e.g., ideas, concepts, know-how, techniques, and data) that:
1. were already known to the contracting party before receipt,
2. are generally known to the public,
3. have become accessible to the public after receipt without the contracting party being responsible for it, or
4. have been lawfully made accessible to the contracting party by a third party.
The obligation to maintain confidentiality generally applies to both contracting parties for a further five (5) years after the end of the order.
In the event of a breach of the obligations under this contract, the offending contracting party bears the burden of proof for the existence of these facts.
lsc electronics may include the name of the client and a brief description of the service provided in a reference list and publish it. All other advertising references to the client will be coordinated with them in advance.

16. Data Protection

lsc electronics processes the client's personal data for specific purposes and in accordance with legal provisions. For example, personal data provided for the purpose of ordering, such as name, email address, address, or payment information, is used by lsc electronics for the fulfillment and processing of the contract. This data is treated confidentially and not disclosed to third parties unless otherwise agreed with the contracting partner or necessary for the fulfillment of agreed business processes.

17. Applicable Law, Jurisdiction, and Severability Clause

For these GTC as well as for all contracts concluded on their basis and all contractual relationships between the client and the contractor, the law of the Federal Republic of Germany shall exclusively apply, excluding conflict of law rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for all obligations, as well as the place of jurisdiction, is Leipzig if the client is a merchant, a legal entity under public law, or a special fund under public law, and another place of jurisdiction is not mandatorily required by law. The same applies to foreign clients who, after conclusion of the contract, move their domicile or habitual residence from Germany, or whose domicile or habitual residence at the time of filing the complaint is not known. In addition, lsc electronics is entitled to file suit at the client's registered office.
Should individual provisions of these GTC or any other contractual agreement between the client and lsc electronics be wholly or partially invalid or become so at a later date, this shall not affect the validity of the remaining provisions and regulations, unless, taking the following into account, performance of the contract for the client or lsc electronics as contractor would constitute an unreasonable hardship. In place of the invalid or unenforceable provision, a reasonable, lawful regulation shall enter into force, which comes closest to what the client and lsc electronics intended or would have wanted when they concluded the contract or later addressed this point.
In addition, all contracts and any amendments require written form.

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