General Terms and Conditions of Purchase of ttp Papenburg GmbH

A. GENERAL

I. Applicability 

1) We, ttp Papenburg GmbH (hereinafter "ttp"), order exclusively on the basis of our General Terms and Conditions of Purchase (hereinafter: "GTCP"). The application of other general terms and conditions of the supplier is excluded for this and all subsequent orders. The validity of such other terms and conditions is expressly rejected. These GPC shall also apply to all future contractual relationships with the Supplier. No renewed reference to these Terms and Conditions of Purchase shall be required for future orders.

2) These GPC apply exclusively to entrepreneurs (§ 14 BGB).

3) The following order of priority shall apply to the type and scope of the services provided by both parties:
- the contents of the order,
- the further contractual conditions listed in the order,
- the provisions of the supply contract,
- the technical delivery conditions and quality assurance agreements,
- these terms and conditions of purchase.

4) ttp has the right to change or amend the terms and conditions of purchase at any time with a reasonable notice period. Previous versions of the Terms and Conditions of Purchase shall thereby lose their validity. The respective current versions of the Terms and Conditions of Purchase or the General Terms and Conditions are available at www.ttp-kunststoffprofile.de.

II. order and order confirmation, proof of origin, export control

1) Orders placed by us are only valid if they are made in writing. Third parties - in particular our employees - are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contracts. Corresponding declarations do not establish any obligations at our expense. Verbal agreements and agreements made by telephone must be confirmed in writing to be binding. 

2) The supplier shall confirm the order in writing. The order confirmation must reflect all details of the order. Deviations from our orders shall only be deemed approved if they are confirmed by us in writing.

3) If the supplier recognizes on the basis of his expertise that an order is incomplete or that the purpose pursued by us with the order cannot be achieved by the delivery, he shall inform us of this immediately and comprehensively.

4) The supplier has to comply with the respective applicable requirements of national and international export, customs and foreign trade law for all goods to be delivered and services to be rendered. He shall notify ttp in writing as early as possible, but no later than two weeks prior to the delivery date, of all information and data required by ttp for compliance with the applicable customs and foreign trade regulations in case of export and import as well as in case of resale in case of re-export of the goods and services and to update them in case of changes.

5) Upon acceptance of the order, the supplier undertakes to provide the exact country of origin of the goods and to submit a consignment-related supplier's declaration for EU origin goods or a long-term supplier's declaration for goods with preferential origin status and to send a certificate of origin for third country goods. In case of delivery from a preferential country, the supplier is obliged to provide a valid preference certificate EUR.1 or a declaration of origin on the invoice. If the supplier cannot provide a consignment-related supplier declaration or long-term supplier declaration for the preferential origin, he undertakes to provide a consignment-related supplier declaration or long-term supplier declaration for the non-preferential origin. If supplier declarations, proofs of preference or certificates of origin turn out to be incorrect, the supplier undertakes to compensate for any resulting damage.

6) Upon request, the supplier is obligated to inform ttp in writing about any licensing requirements for (re-)exports of its goods in accordance with German, European, U.S. export and customs regulations as well as the export and customs regulations of the country of origin of its goods in its business documents and to provide the following information:

- the export list number according to Annex AL of the German Foreign Trade and Payments Regulation or comparable list items of relevant export lists,
- for US goods the ECCN (Export Control Classification Number) according to US Export Administration Regulations (EAR),
- the commercial origin of its goods (according to the Customs Code) and the components -of its goods, including technology and software,
- Whether the goods were transported through the U.S., manufactured or stored in the U.S., or manufactured using U.S. technology,
- the statistical goods number (HS code) of its goods.

Furthermore, the supplier is obliged to inform ttp immediately in writing (before delivery of corresponding goods affected by this) about all changes of the above data. Upon corresponding request by ttp, the supplier shall provide all further foreign trade data concerning its goods and their components in writing.

7) If the supplier violates applicable requirements of national and/or international export, customs or foreign trade law or the duty to inform from the above paragraphs, the supplier agrees to indemnify ttp from all resulting expenses, damages and claims, unless the supplier is not responsible for the violation. A reversal of the burden of proof is not associated with this.

8) The supplier shall provide technical data sheets and operating instructions without request and free of charge at the latest with the transmission of the offer and send them to the purchasing department. Updates of technical data sheets and operating instructions shall be provided without delay without being requested to do so.

III. Prices, Shipping, Packaging, Transfer of Risk and Ownership

1) The agreed prices are fixed prices and include the statutory value added tax, unless otherwise agreed. Unless expressly agreed otherwise, fees, costs for packaging, freight and transport to the recipient address specified by ttp are included. The obligation to return the packaging requires special agreement.

2) An increase or decrease in price as a result of changes in execution must be communicated to ttp in writing without delay, whereby the agreement of an increase or decrease in price requires the written consent of ttp prior to delivery of the goods or performance of the service.

3) Partial deliveries are only permitted with prior written consent. Unless otherwise agreed, over- and under-deliveries are only permitted within a limit of 5% of the quantity of the individual order.

4) Shipments, for which freight-free delivery is not agreed, are always to be shipped by the cheapest way. All additional costs arising from non-observance of these regulations as well as costs for cartage etc. at the place of dispatch do not have to be paid by ttp. 

5) The delivery bill shall be attached to the consignment of goods. The invoice shall be sent separately from the consignment of goods to the invoice address stated in the order. The delivery bill and invoice must be provided with the ttp order number. 

6) Shipping is at the expense and risk of the supplier. The risk is transferred to ttp after completion of the unloading process with acceptance of the delivery by ttp or at the agreed destination. This also applies if the supplier hands over the goods to a forwarding agent or a carrier. If ttp accepts the goods from the supplier and the goods remain with the supplier after acceptance by ttp, the supplier bears the risk of accidental deterioration or accidental loss of the goods until the goods have reached their destination and have been unloaded there.

IV. Delivery time
1) The agreed delivery dates are binding and are always understood without grace period. The receipt of the goods at the place of use named by ttp or the timeliness of the acceptance is decisive for the compliance with the delivery date or the delivery period. The acceptance of a delayed delivery or service by ttp does not include a waiver of claims for compensation. If the delivery time is exceeded, the supplier is in default without a reminder.

2) Events of force majeure, strike, lockout, operational disruptions, as well as other unforeseeable events which cannot be overcome by reasonable efforts and which make it significantly more difficult for ttp to accept and/or process the ordered goods, in particular stagnation of sales, shall give ttp the right to postpone the acceptance deadlines or - provided that the hindrance is not only temporary and ttp is not responsible for it - to withdraw from the contract, without the supplier being entitled to claim damages. ttp shall notify the suppliers of the necessary information without delay.

3) In case of exceeding the delivery time, the contractual penalty in the amount of 0.5% of the order value for each commenced week of culpable exceeding, but not more than a total of 5 % of the order value, shall be deemed agreed. This contractual penalty can also only be asserted in the context of the final payment without the need for a reservation upon acceptance. The assertion of further rights by ttp remains unaffected.

4) The supplier has to inform ttp - without prejudice to the legal or above agreed rights of ttp - immediately in writing about any circumstances that lead to exceeding the agreed delivery or performance time.  

V. Invoice and payment

1) The place of performance for payments is the location of ttp's registered office.

2) Unless otherwise agreed in writing, the term of payment shall be 60 days net after receipt of the invoice stating the ttp order number and complete receipt of the goods or complete performance.

3) Any payment is made subject to ttp's rights due to any defects. A payment does not imply recognition, fulfillment, or waiver of warranty claims, this also applies with regard to the receipt on the occasion of the acceptance of goods. ttp is entitled to withhold payment in whole or in part until defects have been remedied or other counterclaims from the entire business relationship have been fulfilled. 

4) ttp is entitled to offset claims of the supplier also against claims of companies affiliated with ttp. The supplier may only offset or exercise rights of retention due to its own claims if its counterclaims are legally established, undisputed or recognized by ttp in writing. 

5) Unless an official weighing has already been carried out at the place of dispatch, the weight determined by ttp shall be decisive for invoices by weight.  

6) If national or international foreign trade regulations, embargoes or other sanctions are in conflict, ttp will not pay and ttp is not obligated to fulfill the contract for the rest.

VI Warranty and Guarantee

1) The supplier has to carry out a factory inspection of the products to be delivered by him, especially an outgoing goods inspection. The supplier undertakes to make records of the inspections carried out and to archive inspection, measurement and control results for 10 years. ttp is entitled to inspect the aforementioned records and documents and to make copies thereof.

2) Unless otherwise agreed, incoming goods inspections at ttp are only carried out as an identification and quantity check and for externally visible transport and packaging damage. In all cases, even if the delivery has previously become the property of ttp or has been handed over to the forwarder, carrier or other agent of ttp, the obligation to inspect the goods and to give notice of obvious defects or quality deviations does not begin until the proper notice of dispatch has been given and the goods have been received at the receiving point named by ttp. ttp is only obliged to open the packaging and to inspect the goods on a random basis. All defects that are not recognizable due to the packaging or that cannot be detected during random inspection are considered hidden defects. The period for giving notice of defects shall be 10 working days from receipt of the goods at the receiving point named by us in the case of visible defects and 10 working days from discovery in the case of hidden defects. For compliance with this deadline, the dispatch of the notice of defects by ttp is decisive. 

3) The Supplier shall provide warranty for its deliveries and services in accordance with the statutory provisions. The warranty period in the event of material defects or defects of title shall be 36 months from delivery in the case of deliveries of goods. In the case of an item which has been used for a building in accordance with its customary use and has caused its defectiveness, the warranty period shall be 5 ½ years from delivery. The 5 ½ - year warranty period applies equally in the case of delivery of merchandise and products for surface finishing.

4) Defects that lead to the refusal of acceptance, as well as all defects detected at the time of the transfer of risk or occurring during the warranty period, shall be remedied by the supplier at ttp's discretion and at the supplier's expense, or the supplier shall make a new delivery or performance free of defects.

5) If the supplier fails to remedy the defect or to deliver a new product or service within a reasonable period of time to be set by ttp, ttp may,

- demand the reduction of the price,
- withdraw from the contract in whole or in part,
- carry out rectification or new delivery itself at the Supplier's expense or 
have carried out and/or
- claim damages for breach of duty.

6) The foregoing shall apply equally if the Supplier declares itself unable to remedy the defect, make a new delivery or provide a new service within a reasonable period of time, whereby no prior extension of time is required to exercise the aforementioned rights, if the Supplier refuses to perform, if ttp cannot reasonably be expected to provide subsequent performance or if special circumstances exist which, after weighing the interests of both parties, justify the immediate assertion of the aforementioned rights.

7) Further legal claims remain unaffected by this.

8) The Supplier shall bear the costs and the risk of returning defective delivery items.

9) The supplier shall indemnify ttp from claims for damages of third parties due to personal injury and property damage, which are based on a defect of the product caused in his sphere of control and organization and for which he himself is liable in the external relationship. If recall or service actions are carried out due to problems with delivery items of the supplier, the supplier shall bear all costs necessarily incurred due to the recall or service actions, insofar as the problems are his responsibility. This also applies to costs that are charged to ttp by the customer. ttp will inform the supplier about the content and scope of the recall measures carried out - as far as possible and reasonable - and give him the opportunity to comment.

10) In urgent cases, ttp is entitled to repair defects in the delivery item or have them repaired at the supplier's expense or to procure a replacement from a third party without having to inform the supplier of the defect and the manner of its repair in advance or to set a grace period. Such a case shall be deemed to exist if, due to particular urgency, it is no longer possible to notify the Supplier of the defect and the impending damage and to set a reasonable period of time for the Supplier to remedy the defect itself. The scope of the supplier's obligation to provide compensation shall be limited to what is reasonable.

11) The supplier shall insure the product risk beyond the scope of its normal business liability insurance to cover the possible product liability risk and shall provide evidence of the corresponding insurance policies upon request.

12) The Supplier is not entitled to change the delivery item after conclusion of the contract or during the delivery period.
In particular, for the purchase of raw materials, production materials and technical components for resale, the supplier may not change the material specification of the delivery item, the production process, the production location, the machines and tools used, or the input material specification-supplier combination used without prior written approval by ttp. If the supplier wants to change the delivery item, he must notify ttp and present the changes at the earliest possible time. The concrete implementation of such deviations is only permissible after our written approval, whereby ttp is not obligated to issue a declaration of approval. 

If the supplier changes the delivery item on his own authority or if the supplier culpably does not comply with the above-mentioned obligations, ttp is entitled to extraordinary termination of the supply relationship including current order(s) and the supplier shall be liable for all costs incurred by us or third parties, e.g. in the form of replacement deliveries, subsequent examinations or treatments, expert reports, etc.

13) The supplier assumes a dependent durability guarantee for his deliveries and services of 3 years from the transfer of risk to the effect that his deliveries and services during the term of the guarantee will be

- are free from defects of any kind,
- are fully suitable for the intended or agreed purpose, and
- have the contractually agreed or warranted characteristics.

ttp has the right to supplementary performance in case of warranty. In the event that the supplier has provided or offered a longer or more extensive warranty, this warranty provided or offered by the supplier shall apply, whereby the statutory rights for defects shall remain unaffected.

VII. drawings, specifications, tooling

1) ttp reserves the property rights and copyrights to all illustrations, drawings, calculations, specifications, samples, software, tools and other documents. They may not be made accessible to third parties without prior written consent. They are to be used exclusively for the fulfillment of the contractually owed services and are to be returned to ttp upon request - at the latest upon termination of the business relationship - without retaining any copies - or to be deleted, whereby the deletion is to be confirmed to ttp in writing without delay, as well as the fact that no more copies of the documents are available or that these have also been completely deleted. Any loss of the aforementioned documents must be reported to ttp immediately in any case.

2) The supplier undertakes to use tools made on the basis of ttp drawings, specifications, samples, specifications or similar exclusively for the manufacture of the goods ordered by us. Furthermore, he is obliged to carry out any necessary maintenance and inspection work in good time at his own expense or to have it carried out professionally. He shall notify us immediately of any malfunctions. If he fails to do so, we expressly reserve the right to claim damages resulting therefrom. If the tool is owned by ttp and if tool work that goes beyond the normal scope of maintenance and inspection work is necessary in order to maintain the quality and tolerances required by ttp, then ttp shall bear the costs of this only if ttp has agreed to this tool work and the associated costs in writing or has commissioned this in writing. 

VIII. Provision

1) All materials and objects provided by ttp, in particular samples and tools, remain the property of ttp with the proviso that ttp is considered the manufacturer and also retains or directly acquires ownership of the objects produced by processing these materials. The materials and objects are to be kept under special marking for ttp and in particular to be insured against fire, water damage and theft.

2) Wooden or steel pallets and other means of transport provided by ttp remain the property of ttp and must be returned to ttp. In case of non-return, ttp reserves the right to assert claims for damages.

IX. Property rights
1) The supplier grants ttp a simple, irrevocable, worldwide license to its own property rights or other rights to own, distribute and use the delivered goods and products resulting therefrom.

2) The supplier has to deliver the goods free of property rights or other rights of third parties. If the delivered goods and/or their use impair the property rights of third parties, the supplier shall make all reasonable efforts to obtain an unrestricted right of use for ttp.

3) The supplier is obliged to indemnify ttp from all claims of third parties due to the infringement of rights mentioned in paragraph 2 and to reimburse ttp for all expenses in connection with the claim, in particular the costs of reasonable legal defense. 

X. Secrecy

The order and the information of a commercial and technical nature given to the supplier by ttp in this context are to be treated as strictly confidential and may not be disclosed to third parties without the written consent of ttp, unless this is necessary for the performance of the contract. 

XI. Environmental and health protection, REACH, RoH

1) The supplier is obligated to consider the recognized rules of technology and the respectively valid legal and official regulations and the operational rules and regulations of ttp. As far as no further requirements are made in the order, the deliveries and services are to be delivered and rendered in accordance with the recognized rules of technology, the regulations of any upstream suppliers, and, as far as DIN, VDE, VDI, DVGW or equivalent standards exist, in compliance with these. The delivery items, as well as the service, shall in any case be manufactured in such a way that on the day of delivery they comply with all applicable statutory and official regulations, including those of the Equipment Safety Act and of environmental protection, and satisfy the accident prevention regulations. In particular, the supplier shall observe the regulations and rules of the employers' liability insurance association, the "General Regulations" BGVA 1 as well as the generally recognized safety and occupational medical rules. Machines and technical work equipment must be supplied in accordance with the Machinery Ordinance with an EC declaration of conformity including CE marking or a manufacturer's declaration; operating instructions must also be enclosed. They must also comply with the standards listed in lists A and B of the "General Administrative Regulation on Technical Work Equipment Act" as well as other rules with safety-related content and the rules and regulations of the employers' liability insurance association.

2) In the event that ttp orders substances or preparations for which a safety data sheet is available, the supplier must provide this sheet and the information required in accordance with Article 32 of the REACH Regulation free of charge and in the form corresponding to the REACH Regulation (EC) No. 1907/2006 and send it to the purchasing department. This also applies to updates of safety data sheets. The supplier is prohibited from using carcinogenic substances. The supplier shall ensure that his deliveries comply with the provisions of the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals ("REACH Regulation"). In particular, Supplier warrants that the substances contained in the products delivered by it have been pre-registered or registered after the expiry of the transitional periods, to the extent required under the provisions of the REACH Regulation. Insofar as the supplier supplies products within the meaning of Article 3 of the REACH Regulation, the supplier shall in particular also guarantee that it complies with its obligation to pass on certain information in accordance with Article 33 of the REACH Regulation.

3) The supplier shall comply with all requirements arising from the RoHS 2011/65/EU Directive and the resulting national implementation laws.

XII Compliance with the Minimum Wage Act, provision of security, special right of termination
1) The supplier guarantees that each of the workers employed by him will be duly paid wages at least in the amount of the statutory minimum wage applicable from time to time. The Supplier shall oblige subcontractors and temporary employment agencies with which it maintains contractual relations accordingly and shall guarantee for them that each of the workers employed by them receives remuneration in due time at least in the amount of the statutory minimum wage applicable from time to time.

2) The supplier shall fully indemnify ttp from liability according to § 13 MiLoG. If a claim is made against ttp by employees of the supplier, by employees of subcontractors of the supplier or by employees of rental companies with which the supplier has contractual relationships, in accordance with § 13 MiLoG, the supplier shall bear all costs of the claim regardless of fault. 

3) In the event of a violation of one of the obligations from Paragraph 1 or in the event of a claim against ttp according to § 13 MiLoG by employees of the supplier, by employees of subcontractors of the supplier or by employees of rental companies used by the supplier, ttp is entitled to terminate orders and other agreements - also partially - without observing a period of notice.

XIII Advertising

Notwithstanding any other written agreements, the supplier may not refer to the business relations existing with ttp for advertising purposes.

XIV Compliance

1) The supplier undertakes to comply with all legal provisions relevant to it, in particular anti-corruption regulations and antitrust law. The highest standards of integrity shall be applied in all business activities. The supplier shall pursue a zero tolerance policy in prohibiting all forms of bribery, corruption, extortion and embezzlement. In particular, the supplier shall not offer, promise or grant any benefit to any employee of ttp or to any third party in return for the employee of ttp taking or refraining from taking any action in obtaining goods or services and thereby violating his or her obligations to ttp. In the event of non-compliance, ttp explicitly reserves the right to immediately file criminal charges. 

2) Within the framework of its own organization, the supplier also undertakes to respect the fundamental rights of its employees and to ensure their safety at work. Furthermore, the supplier shall observe the prohibition of child labor in accordance with the declaration of the International Labor Organization (ILO) on fundamental principles and rights at work. ttp may withdraw from or terminate the contract in the event that the supplier does not comply with the aforementioned obligations.

XV. Data protection

1) The required personal data of the supplier will be collected, processed and used for the handling of the delivery at ttp. The supplier expressly consents to this collection, processing and use of personal data for the purpose of fulfilling the purchase contract and safeguarding our legitimate interests. The supplier can revoke this consent at any time (Art. 21 DSGVO).

2) All data processing operations are carried out in compliance with the Basic Data Protection Regulation DSGVO (Art. 6 para. 1b DSGVO). By means of certain technical and organizational measures, we secure the data of the Customer stored by us against loss, access or manipulation by unauthorized persons. If the supplier exercises its right to delete the data, all data that does not have to be expressly retained by law will be deleted immediately. ttp will inform immediately about the measures taken.

3) The supplier's address and contact data may be passed on to the transport service provider commissioned with the delivery, insofar as this is absolutely necessary for the delivery. In any case, only the absolutely necessary data will be transmitted (data minimization). If necessary, our EDP service companies, which assure a reliable handling of the personal data of the supplier contractually regulated, have access to personal data of the supplier.

4) Detailed information on the subject of data protection and on the rights of those affected can be found in the data protection information on our homepage at www.ttp-kunststoffprofile.de to be taken.

5) You can reach our data protection officer at datenschutz@ttp-papenburg.de or at the following postal address: ttp Papenburg GmbH, Attn: Data Protection Coordinator, Am Deverhafen 4, 26871 Papenburg.

XVI Place of performance, choice of law, place of jurisdiction

1) Place of performance is the place of receipt determined by ttp, unless otherwise agreed in writing in individual cases. 

2) The exclusive place of jurisdiction for all types of disputes with suppliers who are registered traders, legal entities under public law or special funds under public law shall be the court responsible for our registered office. However, we reserve the right to also file suit at the supplier's place of business or residence or any other place of jurisdiction that may be considered under applicable law.

3) The legal relationship with the Supplier shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the Uniform Law on the International Sale of Goods and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

4) If insolvency proceedings are filed against the assets of the supplier, ttp is entitled to withdraw from the contract for the non-fulfilled part.

5) Should any of these provisions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic and legal purpose or meaning of the invalid or unenforceable provision(s).

B. SPECIAL PROVISIONS FOR CONTRACTS FOR SERVICES AND WORKS

I. Service provision and information obligation

1) For the performance of services and work owed by it, the Contractor shall deploy appropriately skilled personnel and ensure that necessary work permits are available.

2) The Contractor shall perform the services in accordance with the current state of the art, whereby the Contractor shall be free to schedule the working hours.

3) The contractor is only entitled to use subcontractors if ttp has agreed to this in writing in advance.

II. changes in performance

ttp is entitled to request changes in the scope of services, provided that this is not unreasonable for the contractor. In the event that the desired change leads to additional costs, the contractor is obligated to notify ttp of this in writing without delay and prior to execution of the changed order.

III Acceptance of work services

1) Work performances shall be subjected to an acceptance test after provision by the contractor. If these are free of defects, ttp will declare acceptance of the service after completion of the acceptance test.

2) In the event that the services are defective, the contractor shall either remedy the defect at its own expense within a reasonable period of time or, at ttp's discretion, provide its services again without defects. If the contractor does not remove the defects despite a reasonable grace period or if the contractor fails to provide the services again free of defects, ttp may withdraw from the contract or reduce the remuneration appropriately or have the defect removed or repaired at the contractor's expense and claim damages. A prior extension of time is not required to exercise the aforementioned rights if the contractor refuses to perform, if subsequent performance is unreasonable for ttp, or if there are special circumstances that justify immediate assertion of the aforementioned rights after weighing the interests of both parties.

IV. Rights to results

1) Mit ihrer Erstellung, und zwar in ihrem jeweiligen Bearbeitungszustand, werden die Ergebnisse der Leistungen (nachfolgend „Ergebnisse“ genannt), Eigentum von ttp. Der Auftragnehmer wird die Ergebnisse bis zu ihrer Übergabe für ttp verwahren. Für den Fall, dass ttp aus rechtlichen Gründen nicht originär alleiniger Eigentümer aller Rechte an den Ergebnissen gemäß des ersten Satzes wird, steht ttp das ausschließliche, übertragbare, unterlizenzierbare, weltweite, inhaltlich und zeitlich unbegrenzte Recht zu, die Ergebnisse ab Erstellung selbst oder durch Dritte in sämtlichen bekannten und unbekannten Nutzungsarten ganz oder teilweise beliebig zu nutzen, zu vervielfältigen, zu ändern und, auch in einer von ihm bearbeiteten Form, öffentlich zugänglich zu machen, zu veröffentlichen oder zu verwerten.

2) The contractor shall inform ttp immediately in writing if results arise that are to be protected by industrial property rights. In this case, ttp shall be entitled to apply for industrial property rights on these in any country at its own discretion and in its own name, to maintain these or also to drop them at any time. The contractor is prohibited from carrying out a corresponding registration in his name or that of a third party or to support third parties directly or indirectly in doing so. Furthermore, the Contractor waives the right to be named as the author within the scope of the results achieved.

3) The Contractor shall ensure that any intellectual property arising in the course of the provision of the Services is transferred to ttp at no additional cost to ttp.

4) The Contractor undertakes to ensure contractually in relation to its employees, freelancers or third parties, insofar as it makes use of these in the provision of services, that the rights belong exclusively and for an unlimited period to ttp and are also not affected by the termination of the contracts between the Contractor and the third parties. Otherwise, the contractor shall compensate ttp for all damages and expenses arising therefrom, including the costs of reasonable legal defense, and shall indemnify ttp from third party claims to this extent.

5) The aforementioned grants of rights are fully compensated with the contractually agreed remuneration.

V. Liability

In the event of breaches of contractual obligations of any kind, the Contractor shall be liable without limitation in accordance with the statutory provisions.

(as of January 2020)