GENERAL TERMS AND CONDITIONS OF TRADE ("GTCTs") These GTCTs apply to all deliveries and quotations of MBL (including MBL A/S, MBL Poland Sp. z. o.o. and MBL (Xiamen) Co. Ltd., as applicable) to its customers ("Customer(s)") unless otherwise agreed in an individual written agreement. MBL shall not be bound by any general terms of the Customer. MBL and the Customer shall jointly be referred to as the "Parties". 1. Drawings, technical documentation, tools, etc. 1.1. Any drawings and other technical documentation, which MBL decides to make available to the Customer, shall remain the property of MBL, and MBL shall hold all intellectual property rights thereto. The Customer may use the aforesaid only for purposes and in a manner explicitly authorized by MBL in writing, and the Customer may not copy or reproduce the same or disclose it to a third party without the prior written consent of MBL. 1.2. All tools or models produced by MBL and required for the manufacturing of products sold to the Customer remain the property of MBL, and MBL shall hold all intellectual property rights thereto. 1.3. In the event that the Customer pays for specialised tools/models produced by MBL, required for the manufacturing of the products sold to the Customer, such tools/models shall become the property of the Customer, and the Customer shall hold the intellectual property rights to such tools/models. MBL shall not be liable for any damage to the specialised tools/models, unless caused by gross negligence of MBL. The Customer is responsible for the insurance of specialised tools/models located on the premises of MBL, and the Customer incurs any expenses related to their repair, maintenance and/or replacement. 1.4. If any tools/models are produced on the basis of the Customer's drawings, the Customer is responsible for ensuring that the supplied drawings are correct, appropriate and comply with the requirements of the ordered product (dimensions, technical specification, revision, materials). MBL shall not be liable for damages, losses, costs or defects caused by incorrect or inappropriate drawings or design, including but not limited to costs of repair, modification and scrapping of products manufactured on the basis of incorrect or inappropriate drawings or design. The aforesaid applies irrespective of whether the tools/models are the property of the Customer or of MBL. 2. Design 2.1. MBL reserves the right to make changes to products without prior notice to the Customer, if the changes do not significantly affect the functionality, design, quality standards, etc. of the products in question. MBL a/s Glarmestervej 18B, st.th. 8600 Silkeborg Haicang Denmark Tel.: +45 86 80 28 00 CVR: 12 82 52 42 MBL Poland Sp. z o.o. ul. Sulejowska 45 97-300 Piotrków Trybunalski Poland Tel.: +48 44 732 41 00 China contact@mbl.pl Fax: +48 44 732 42 00 NIP: 7710008003 VAT UE: PL7710008003 MBL (Xiamen) Co. Ltd. No. 289 Wengjiao Road Xinyang Industrial District 361022 Xiamen, Tel.: +86 592 5961 896 Fax: +86 592 5961 895 VAT: 91350200769286394F contact@mbl.dk contact@mbl.com.cn www.mbl.dk
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