General Terms and Conditions of SIAM CAD Drawing Office Co.LTD § 1 Scope These general terms and conditions apply not only to consumers, but also to companies, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). If the client is a company/entrepreneur, we expressly point out that any terms and conditions of the client that conflict with or deviate from our general terms and conditions will only be deemed accepted by SIAM CAD Drawing Office Co.LTD if they are expressly agreed to in writing. § 2 Offer and conclusion of contract The project-related service contract or framework agreement signed by the client is considered a binding offer within the meaning of Section 145 of the German Civil Code (BGB). The contractor is responsible for accepting this contract within two weeks of receipt. Acceptance of the contract must be in writing. § 3 Subject and scope of services Both the subject matter and the scope of services are determined by the content of the project-related service agreement or framework agreement concluded by SIAM CAD Drawing Office Co.LTD. The regulations applicable at the time of order confirmation are particularly decisive. The basis for order execution is the drawings, design proposals, drafts, CAD data, specifications, and other customer specifications provided by the customer. Even before and during order processing by SIAM CAD Drawing Office Co.LTD employees, the customer is obliged to point out any problems and difficulties in the execution of the order that they identify and to review interim results. If SIAM CAD Drawing Office Co.LTD determines after order confirmation that the services cannot be performed in the agreed manner according to the customer's specifications, SIAM CAD Drawing Office Co.LTD will inform the customer immediately. Any necessary changes to the scope and scope of the service will be agreed upon between the client and SIAM CAD Drawing Office Co.LTD by amending the order confirmation in writing, along with any justified adjustments to the previously agreed remuneration. In this case, the amended order confirmation must be confirmed in writing by the client. § 4 Right to give instructions If SIAM CAD Drawing Office Co.LTD deploys its own employees to process orders on the client's premises, the authority to issue instructions to these employees remains exclusively with SIAM CAD Drawing Office Co.LTD. This does not apply to instructions concerning technical or other specialist instructions related to order processing within the scope of pure service contracts. § 5 Remuneration and payment Price offers are made exclusively in writing and are valid for three months after order confirmation. Thereafter, SIAM CAD Drawing Office Co.LTD is entitled to adjust prices in line with general price trends. In the event of price increases by SIAM CAD Drawing Office Co.LTD, the client is entitled to terminate the contract within four weeks of notification of the price increase. SIAM CAD Drawing Office Co.LTD's prices do not include VAT, but this will be explicitly stated on invoices. As a general rule, invoices to companies outside the EU are issued without VAT. These invoices are issued monthly at the end of the month in the form of interim invoices. A final settlement will be issued after completion of the order, taking into account the previous interim invoices. Should the client experience payment difficulties during the course of the project, the contractor can switch to bi-weekly invoicing. Other costs such as delivery and shipping costs, travel expenses, etc., are not included in the prices and will be invoiced separately. Payment of the invoice amount must be made within 14 days of the invoice date without deductions exclusively to the account specified in the order confirmation. Discounts are only permitted by special written agreement. Deferred payment interest will be charged at a rate of 5 percentage points above the base interest rate per annum for consumers and 9 percentage points above the base interest rate per annum for businesses. The right to claim higher damages for late payment remains reserved. In the event that SIAM CAD Drawing Office Co.LTD claims higher damages for late payment, the client has the opportunity to prove that the claimed damages for late payment did not occur at all or were at least significantly lower. § 6 Offsetting and retention rights The customer may only offset claims against the entrepreneur to the extent that their claims are undisputed, legally binding, or at least ready for decision, or if they are counterclaims arising from the same contractual relationship (this also includes claims for reimbursement after exercising the consumer's right of withdrawal). The customer is also entitled to offset claims against SIAM CAD Drawing Office Co.LTD if they assert complaints about defects or counterclaims arising from the same contractual relationship. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship. § 7 Delivery time The commencement of the delivery period specified by SIAM CAD Drawing Office Co.LTD requires the timely and proper fulfillment of the client's obligations. The right to assert a defense of non-fulfillment of the contract remains reserved. If the client defaults on acceptance or culpably violates other obligations to cooperate, SIAM CAD Drawing Office Co.LTD is entitled to demand compensation for the damages incurred, including any additional expenses. Further claims remain reserved. The client, for its part, reserves the right to prove that no damages of the claimed amount have occurred at all or that the damages are at least significantly lower. If the above conditions are met, the risk of accidental loss or accidental deterioration shall pass to the client at the time the client defaults on acceptance or payment. The client may request SIAM CAD Drawing Office Co.LTD in writing to deliver within a reasonable period of time four weeks after a non-binding delivery date/delivery period has been exceeded. Should SIAM CAD Drawing Office Co.LTD fail to meet an explicit delivery date/delivery deadline or fall into default for any other reason, the client must grant a reasonable grace period for performance. If SIAM CAD Drawing Office Co.LTD allows the grace period to expire without result, the client is entitled to withdraw from the contract. Agreed deadlines shall be automatically extended if SIAM CAD Drawing Office Co.LTD is unable to provide the service on time due to circumstances beyond its control, such as force majeure, strikes, or subsequent modifications to the originally agreed service based on the client's specifications. The extension of the deadline must be adapted to the duration and impact of the impediment. Other statutory claims and rights of the client due to a delay in delivery remain unaffected. § 8 Retention of title SIAM CAD Drawing Office Co.LTD retains ownership of the delivered item until all claims arising from the contractual relationship have been paid in full. This also applies to all future deliveries to companies, even if SIAM CAD Drawing Office Co.LTD does not always expressly invoke this. § 9 Performance/Warranty and Notice of Defects With the handover/shipment of the drawings/files to the customer, SIAM CAD Drawing Office Co.LTD has fulfilled its contractual performance. Receipt of the drawings/files must be confirmed in writing by the customer immediately upon receipt. The customer must notify SIAM CAD Drawing Office Co.LTD of any obvious defects in writing immediately upon receipt of the service, but no later than ten days after receipt of the service. Otherwise, claims for defects are excluded. If the customer is a business, reference is also made to the provisions of Section 377 of the German Commercial Code (HGB). § 10 Data protection etc. The contractual relationship will be processed in compliance with the confidentiality of the customer's trade and business secrets, and this confidentiality will continue even after the contractual relationship has ended. The customer also undertakes to maintain the confidentiality of all information concerning SIAM CAD Drawing Office Co.LTD that becomes known to them within the scope of the contractual relationship, both during the contractual relationship and after its termination. If the intellectual property rights of third parties are infringed during the contractual relationship, the customer indemnifies SIAM CAD Drawing Office Co.LTD from liability towards such third parties. § 11 Place of performance, place of jurisdiction, applicable law For all legal disputes arising from the business relationship between SIAM CAD Drawing Office Co.LTD and the client, the courts at the defendant's place of residence shall have international jurisdiction, unless a separate contractual agreement exists. The exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of SIAM CAD Drawing Office Co.LTD, provided the client is a merchant, a legal entity under public law, or a special fund under public law.. § 12 Note on out-of-court dispute resolution Pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG), SIAM CAD Drawing Office Co.LTD hereby states that it is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.