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GTC Global U-Blox General Terms and Conditions of Sales of u-blox AG (not applicable to Services) 1. General: Unless otherwise expressly agreed in writing, all offers, orders, are in multiples of minimum order quantity (“MOQ”) as applicable for each shipments, uses of u-blox’s firmware, software and hardware Product type. For quantities below MOQ a surcharge applies. Late delivery (“Products”), as well as third-party software provided by u-blox (“Third shall not justify termination of the order. Partial delivery is allowed. Party Software”) are governed by these general terms and conditions Delivery times may be extended in the case suppliers extend delivery times (“General Terms and Conditions”). Any terms and conditions stipulated by or are no longer able to deliver under Force Majeur. u-blox shall notify the Customer which are different from the General Terms and Conditions Customer of any extension. u-blox may suspend the delivery of an order i) shall apply only if expressly agreed by u-blox in writing. These General for the time period during which the value of an order and any outstanding Terms and Conditions constitute the entire, complete and exclusive invoices are not covered by the Customer’s credit line as established by u- agreement between u-blox and the Customer (“the parties”). By taking blox credit insurance on the shipment date or ii) if payments are overdue. delivery of Products or Third-Party Software or by using support or Data u-blox may cancel a suspended order if the value of the order (together Services, Customer exclusively accepts these General Terms and with any outstanding invoices) is not covered by u-blox’ credit insurance Conditions. within a period of three (3) months after the originally confirmed delivery date. u-blox shall inform Customer prior to any cancellation of an order if 2. Use Restrictions: Except where Customer is an authorized u-blox the placement of an order is exceeding u-blox’s credit insurance limit. distributor, the resale, rent or lease of standalone Products, or Third Party Software is strictly prohibited. If Customer is a distributor, distributor 6. Orders, Call-off Order: Orders shall not be effective until they are acknowledges and agrees that it (i) will resell the Products to third parties confirmed by u-blox’s order confirmation. Under a call-off order the only in accordance with the restrictions set forth hereunder, and (ii) will Customer is obliged to call-off the total order volume within one (1) year include such restrictions in its agreements with such third parties. after the date of u-blox’s call-off order confirmation. Under a “mix and Customer may not integrate the Products into its own modules for the match” order, the Customer is given the option to choose which Products sale as standalone goods. Products may not be used in weapons and he calls-off, under the condition that he calls-off within one (1) year the weapon systems (e.g., systems for identifying targets or for the guidance total quantity of Products defined in the call off-order confirmation. of missiles, bombs or bullets), including for testing and simulation of such Delivery dates cannot be changed without u-blox’s written approval. In weapon systems. Products are not intended for use as Critical case Customer does not call-off the entire quantity within the relevant Components (as defined below) in or in combination with (a) automated time period, a cancellation charge of fifty (50) % of the order price for the driving assistance device or system in any automotive application and outstanding quantity shall apply. mechanism (except where the Products are ISO 26262 compliant as stated in the Product data sheet), or (b) any kind of medical life-saving or 7. Order Changes and Cancellation: The delivery date of a confirmed order life support device or system (including any device or system that is can be postponed by Customer to a new delivery date up to one (1) month intended for surgical implant into the human body or to support or sustain after the original delivery date, provided the Customer notifies u-blox in life) and whose malfunction or failure to perform may result in significant writing no later than eight (8) weeks prior to the original confirmed delivery injury or death to the user, or (c) any nuclear facilities, or (d) any air traffic date in the event Customer cancels all or part of a confirmed order control device, application or system, or (e) any other device, application (including under a call-off orders), Customer agrees to pay a cancellation or system where it is reasonably foreseeable that failure of the Product(s) charge of fifty (50)% of the order price. as used in such device, application or system would lead to death, bodily 8. Incoming Inspection: Customer shall perform incoming inspection as injury or property damage. A Component is Critical when its malfunction necessary to ascertain that the Products shipped correspond to the order or failure to perform may cause the failure of a device or system, or may confirmation. Customer may reject those Products that do not affect the effectiveness of such device or system. u-blox excludes its correspond to the order confirmation within five (5) business days from liability for any prohibited use or a use for which Products are not intended, the receipt of shipment. In the event Customer does not reject the and Customer shall indemnify u-blox from claims resulting from such use. Products within the five (5) business day period, Customer shall be It is, unless expressly authorized in these Terms and Conditions or by deemed to have accepted the delivered Products in full. mandatory provisions of law, forbidden to decompile, to detect the source code or the underlying user interface techniques or algorithms of the 9. Warranties: u-blox’s Product warranty applies for a period of twelve (12) software, to change, reproduce or develop the software, to take action months from the date of delivery for any proven defects due to bad that would cause the software to be placed in the public domain or open material or poor workmanship of u-blox’s hardware. Under the warranty, source community or general public libraries, or to reproduce, change or u-blox undertakes, at its sole discretion, to repair or, replace the defective reverse engineer the hardware. Products are subject to further use hardware or to reimburse the purchase price for the defective hardware. It restrictions as provided hereunder. is the Customer’s responsibility to arrange and pay the return shipment of the defective hardware to u-blox. Return shipment will only be accepted if 3. Price: All prices and charges are exclusive of VAT, other taxes, withholding such shipment is in accordance with the conditions of u-blox’s Return tax, duties, bank charges and fees. For accelerated delivery surcharges Material Authorization (RMA) Request form. Repaired or replaced apply. u-blox reserves the right to modify prices for Products not yet hardware will be warranted hereunder only for the remaining portion of the shipped if supplier material or component prices have significantly original warranty period. Any guarantee or additional warranty, implied changed or as provided for under article 10 and shall notify the Customer warranty (merchantability or fitness for a particular purpose) or any return thereof as soon as possible. Customer specific packaging is subject to due to reasons other than the above-mentioned is expressly excluded. Any extra charge. Shipment costs shall be charged by u-blox at u-blox’s removed hardware shall become u-blox’s property. The Customer shall standard rates if no valid account number with an express carrier/package bear the associated costs of replacement of any defective hardware (i.e., delivery company is specified by Customer in the order. removing, transporting and reinstalling). Excluded from u-blox’s warranty 4. Payment Terms: Payment is due thirty (30) days from the date of invoice. are all defects, which result from normal wear and tear or damaging If the Customer delays payment, it shall be liable, without further notice, external influences (e.g. electromagnetic, electrolytic, chemical, weather, for default interest at the rate of six (6) % p.a. above the actual base rate air pollution), unapproved repairs, improper maintenance or storage, of the Swiss national bank. Cheques and money drafts do not constitute failure to observe the user manual and mounting instructions, excessive payment until they have cleared. Payments other than by cheque or wire loading, inappropriate or insufficient testing, inappropriate material or transfer require a five (5) % handling fee of the total amount. All bank processes, failure to implement or to enable the implementation of charges for wire transfer must be borne by the Customer. u-blox may at updates or upgrades of firmware or software (through firmware over the any time prior to shipment demand advance payment, or satisfactory air or otherwise) as recommended by u-blox. Before mass-production, security, such as a confirmed and irrevocable letter of credit or a bank Customer shall perform tests as necessary to assure that the Products guarantee (in the format specified by u-blox) to ensure payment. Payment are fit for the purpose intended by the Customer. u-blox’s warranty applies shall be made without set-off, counterclaim, or other deduction save as only to Products that are identified as “Initial Production”, “Mass required by applicable law. Non-payment, set-off counterclaim or Production” or ”End of Life” and not to samples. The warranty terminates deduction by the Customer, save as required by applicable law, shall be upon the Customer’s breach of any obligation under the General Terms deemed as a material breach by the Customer.
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