General Terms and Conditions

1. Provider Identification (Legal Notice)

The provider makes available on its website the legally required information pursuant to Section 5 ECG (company name, address, contact details, commercial register data, VAT number, supervisory authority if applicable). This information constitutes an integral part of these General Terms and Conditions.

2. Scope of Application

2.1. These General Terms and Conditions (GTC) apply to all contracts between the provider and customers regarding the acquisition of hardware and software for motion analysis, regardless of whether the customer is a consumer or a business. These GTC apply even if no explicit reference is made to them. Deviating General Terms and Conditions of a contractual partner who is a business shall only apply with the express written consent of the provider/seller.

2.2. Where special provisions apply to consumer transactions within the meaning of Section 1 KSchG (Austrian Consumer Protection Act), this is expressly noted in these GTC.

2.3. The prices published in the provider's online shop on its website at the time of contract conclusion shall be decisive for all prices. These prices apply uniformly to all sales variants.

3. Scope of Services

3.1. The provider offers motion analysis systems consisting of specially designed hardware and unified software for recording, displaying and evaluating motion data.

3.2. The following system variants are available:

• Water System
• Land System
• Land System Add-on for Overhead Recordings

3.3. The scope of delivery is determined by the product description in the online shop.

4. Contract Conclusion

4.1. The contract can be concluded in two ways.

4.2. Online Purchase

The customer orders the desired system through the online shop. The setup is carried out by the customer. The contract is only concluded when the provider expressly accepts the customer's order or dispatches the goods. The automatic confirmation of receipt does not constitute acceptance of the contract. The purchase price is due immediately upon contract conclusion. The system is shipped only after full payment has been received.

4.3. Purchase after On-site Demonstration

The provider visits the customer and carries out on-site, in exchange for a service fee, the setup of the system, commissioning including functional testing, and a demonstration of the essential system functions. Further training, individual adjustments or extended support are not included in this scope of services. Such services can be provided at the customer's request for an additional charge.

The customer then makes the purchase decision immediately. Upon purchase, the sales contract is signed on-site; the system remains with the customer immediately. The contract is concluded upon signing the sales contract on-site. Unless otherwise expressly agreed, the invoice amount is due for payment within 7 days from the date of the demonstration.

5. Pre-contractual Information Obligations (FAGG)

5.1. The provider makes available to the customer in the online shop all information pursuant to Sections 4-8 FAGG (Austrian Distance and Off-Premises Contracts Act), in particular:

• Essential characteristics of the goods
• Total price including taxes and charges
• Shipping and additional costs
• Payment, delivery and performance conditions
• Information on the right of withdrawal
• Model withdrawal form

5.2. The button solution pursuant to Section 8 para. 2 FAGG is complied with ("order with obligation to pay" or equivalent).

6. Prices and Payment Terms

6.1. The prices published in the provider's online shop on its website at the time of contract conclusion shall apply.

6.2. The service fee for the purchase after on-site demonstration is a separately remunerated service. It is based on the price list published in the provider's online shop at the time of contract conclusion.

6.3. The service fee is also payable if no purchase contract is subsequently concluded.

6.4. Prices are quoted in Euros plus statutory value added tax.

6.5. Discounts and cash discounts are only valid if expressly agreed in writing.

6.6. Payments are only deemed to have been made when they have been received in full by the provider.

6.7. The customer is not entitled to set off their own claims against claims of the provider from the present contractual relationship, unless the customer's counterclaim has been established by a court or acknowledged by the provider. In consumer transactions, the customer also has a right of set-off if their counterclaim is legally connected to the provider's claim from the present contractual relationship and if the provider should be insolvent.

7. Payment Conditions

7.1. For online purchases, the purchase price is due immediately upon contract conclusion. The system is shipped only after full payment has been received.

7.2. For purchases after on-site demonstration, the purchase price must be paid within the period agreed in the sales contract. The service fee is due immediately after the service has been provided.

7.3. In the event of late payment in business transactions, default interest pursuant to Section 456 UGB (9.2% above the base interest rate) shall be deemed agreed from the first day of maturity. The base interest rate applicable on the first calendar day of a half-year shall be decisive for the respective half-year. The right to claim higher damages under statutory provisions remains reserved.

7.4. In the event of late payment in consumer transactions, the provider may claim the statutory default interest of 4%.

7.5. Reminder fees amount to a flat rate of EUR 25.00 per reminder.

7.6. If no default interest or reminder fees are shown in reminders, this does not constitute a waiver thereof.

8. Retention of Title

8.1. The delivered goods remain the property of the provider until the purchase price has been paid in full.

8.2. If the customer is in default of payment, the provider is entitled, after setting a reasonable grace period, to demand the return of the reserved goods. In the case of consumers as customers, this right shall only be exercised if at least one outstanding payment from the customer has been due for at least six weeks and the customer has been unsuccessfully reminded with a threat of this legal consequence and a grace period of at least two weeks.

9. Delivery and Transfer of Risk

9.1. Online Purchase

9.1.1. For online sales, delivery is made to the address specified by the customer. The risk only passes upon delivery of the goods to the consumer or a third party designated by the consumer, other than the carrier (Section 7b KSchG).

9.1.2. In business transactions, the transfer of risk occurs upon handover to the transport service provider (Section 429 UGB).

9.1.3. Delivery dates and delivery periods are non-binding unless they have been expressly agreed as binding. Unless an express agreement has been made, delivery shall be made within the delivery periods stated in the online shop.

9.1.4. For consumers, the provider shall deliver the goods without undue delay, but no later than within 30 days of contract conclusion, unless a different delivery period has been agreed. A longer delivery period is permissible if it has been transparently stated in the product description or during the ordering process and corresponds to the nature or the manufacturing or configuration effort of the system. The delivery period begins with the conclusion of the contract, but not before full payment has been received.

9.2. Purchase after On-site Demonstration

9.2.1. For in-person sales, no shipping takes place.

9.2.2. The handover and thus the transfer of risk occur upon the actual handover of the system to the customer. From this point on, the customer bears the risk of accidental loss and accidental deterioration.

10. Right of Withdrawal

10.1. Right of Withdrawal for Online Purchases

10.1.1. Consumers have a right of withdrawal of 14 days pursuant to Section 11 FAGG. The period begins on the day on which the consumer physically takes possession of the case containing the complete system (hardware with software).

10.1.2. If system components are delivered separately as part of a single order, the withdrawal period begins on the day on which the consumer takes possession of the last delivered component.

10.1.3. For software delivered in sealed packaging, the right of withdrawal expires upon opening the seal. For pre-installed or non-sealed software, the right of withdrawal for the entire system remains in effect.

10.2. Right of Withdrawal for Purchase after On-site Demonstration (Off-premises Contract)

10.2.1. Consumers have a right of withdrawal of 14 days pursuant to Section 11 FAGG.

10.2.2. The provider performs a complete on-site service before the conclusion of the purchase contract, consisting of travel, setup, commissioning, functional testing and demonstration.

10.2.3. Before the commencement of this service, the consumer expressly confirms by signing the application for the on-site demonstration that (a) the provider may begin the service before the expiry of the withdrawal period, and (b) that the right of withdrawal expires upon complete performance of the service. In this case, there is no right of withdrawal with respect to the service fee.

10.3. Businesses may only withdraw from the contract on the basis of statutory provisions or expressly agreed rights of withdrawal.

11. Warranty and Liability

11.1. The warranty period for business transactions is 12 months. Defects in business transactions must be reported in writing without delay, but no later than within 7 days of acceptance. In business transactions, the customer must prove that the defect was already present at the time of handover.

11.2. In the case of justified defects, the provider is entitled, within a reasonable period and at its discretion, to remedy the defect, deliver the missing items or replace the goods. Multiple repairs and replacement deliveries are permissible. In the event of timely repair, delivery of missing items or replacement delivery, further claims such as contract cancellation or price reduction are expressly excluded. The customer has the obligation to enable immediate defect assessment by the provider.

11.3. For consumer transactions, the statutory warranty provisions apply insofar as they deviate from provisions 11.1-11.2.

11.4. In consumer transactions, the provider is liable exclusively for damages caused intentionally or through gross negligence. Liability for slight negligence is excluded, with the exception of personal injury.

11.5. In business transactions, the provider is only liable for damages caused intentionally or through grossly negligent conduct. The limitation period for asserting damage claims is 6 months from the time the customer could have recognized the damaging event.

11.6. The provider's liability is excluded for damages caused by improper or non-intended use, by the use of non-approved accessories or non-approved software, by mechanical impact, and by insufficient power or internet supply. Likewise, defects attributable to interventions or modifications to hardware or software by the customer, or that arose only after handover of the goods and were not already present at the time of handover, are excluded from warranty.

11.7. In business transactions, the provider is only liable to the customer for damages to the extent that the customer does not receive compensation through insurance benefits from their own or an insurance policy taken out in their favour. Only damages beyond this are to be compensated by the provider.

12. Jurisdiction and Applicable Law

12.1. For disputes arising from this contract, the jurisdiction of the competent court at the provider's registered office is agreed. For consumer transactions, the provisions of Section 14 KSchG and Art. 17 Brussels I Regulation are to be observed (the court in whose district the consumer has their habitual residence or place of employment has jurisdiction for actions against the customer).

12.2. Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of law rules, unless more favourable provisions of the consumer's home law apply.

Version: GTC February 2026