CÔNG TY TNHH IGUS VIỆT NAM
Đơn vị 4, tầng 7, Xưởng tiêu chuẩn B, đường Tân Thuận, Khu Chế Xuất Tân Thuận, phường Tân Thuận Đông, Quận 7, Thành phố Hồ Chí Minh, Việt Nam
IGUS VIETNAM COMPANY LIMITED
Unit 4, 7th Floor, Standard Factory B, Tan Thuan road, Tan Thuan EPZ, Tan Thuan Dong ward, distrct 7, HCMC, Vietnam
Số điện thoại: +84 28 3636 4189
 
Giấy chứng nhận đăng ký doanh nghiệp số: 0314214531
Ngày đăng ký lần đầu/ Date of issuance: January 20, 2017
Nơi cấp/ Place of issuance: SỞ KẾ HOẠCH VÀ ĐẦU TƯ THÀNH PHỐ HỒ CHÍ MINH/ DEPARTMENT OF PLANNING AND INVESTMENT OF HO CHI MINH CITY

Version: April 2024

I. SCOPE OF APPLICATION

1.            igus®’s product offers are intended exclusively for entrepreneurs. Thus, these General Business Terms and Conditions shall be valid exclusively for companies. An entrepreneur shall be any natural or juridical person or partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2.            These General Business Terms and Conditions shall be valid for all agreements concluded between igus® and its customers. In the case of on-going business relationships, they shall also be valid for any future agreements even if they have not been expressly referenced again if they have been received by the customer for an order previously confirmed by igus®. Any deviating purchasing terms and conditions of the customer shall only be binding on igus® if they have been expressly acknowledged by igus®. If individual provisions of these General Business Terms and Conditions should be or become invalid, then the remaining provisions shall not be affected by this.

II. REGISTRATION

1. To use the Service, the applicant (you) shall complete the customer registration procedures of igus®. After the applicant has completed the customer registration application procedures in a manner specified by igus® and has been approved as a customer meeting the standards prescribed by igus®, igus® will issue a Customer Number and the applicant will become a customer (the "Customer").

2. igus® may deny approval of an application to register as a customer of igus® for any of the following reasons:

a)            The applicant has already registered;

b)           The applicant's principal place of business or postal address as of the time of the customer registration procedures is outside of the distribution area of igus®;

c)            It becomes evident that the applicant has had its customer registration revoked in the past;

d)           Any of the details in the customer registration application are untrue;

e)           The applicant attempts to transfer or sell the customer registration number or user ID; or

f)            Any other matter that igus® deems to be inappropriate for approval of customer registration.

3. When ordering the Products, the Customer shall provide the Customer Number issued to it at the time of registration as a customer under this section.

4. Any and all purchase orders made by any User ID under the Customer Code issued for the Customer shall be deemed as orders of the Customer.

5. igus® will notify the Customer by facsimile or by email of sales campaigns and other matters when sending the Catalog or other materials. igus® will not send such information to the Customer if the Customer so requests.

III. CONCLUSION OF AGREEMENTS

1. Orders shall only become binding after being confirmed by igus®. Quality assurance standards as well as the application of customer-specific agreements must be expressly agreed in writing by igus® as following:

Igus® guarantees that the goods and services provided by Igus® shall be followed all regulations, decriptions about the quality, origin, delivery time, delivery place,… Igus® shall be responsible for urging and following the Delivery Company that shall be on schedule, meet the quaility and quantity. The delivery costs shall be calculated by the Delivery Company and agreed by Igus® and Customers in advance from time to time.

In case of the Forrce Majeure or faults accuring not by each Party or any the Third Party, both Partíe shall agree on a settlement plan based on goodwill and cooperation.

Any amendments of and supplements to contractual terms and conditions shall require the written consent of igus®. All offers shall be non-binding unless they have been designated as being binding offers. igus® shall not be obliged to conclude agreements or to accept orders or to approve contractual changes.

2. Any declarations and statements of the customer – particularly orders or call-offs of goods, prices, quantities and delivery dates – which are made by way of an electronic data interchange (EDI) shall only be legally binding if they have been expressly confirmed in text form by igus®. This shall also apply if igus® has agreed to an electronic data interchange. igus® shall not be liable for system failures or transmission errors during an electronic data interchange.

IV. PRICES

Prices shall be DDP including freight, customs duties, importing ancillary levies and packaging plus VAT at the applicable rate unless agreed otherwise in Ho Chi Minh city. In the case of new orders or follow-up orders, igus® shall not be bound to the previous prices. Unless agreed otherwise, the prices shall be valid only for the agreed delivery quantities, delivery batch sizes or minimum order quantities and shall require their fulfilment.

V. ORDERING THE PRODUCTS

The Customer may apply to purchase the Products using the following methods. Provided, however, that igus® may restrict the ordering method depending on Special Orders or the type or quantity of the Products ordered. The date and time igus®may receive an order are set out in the Catalog and website of igus®.
Online orders: fill in the required fields in the web site of igus®. Please visit to website of igus® or consultant of igus® for details on how to use the web site. Orders made by the Customer shall become effective upon receipt of the order by igus®. If igus® is unable to receive the order due to a problem with any telecommunication service or any of the details required for the order are missing, the order shall not be deemed effective. In this case, igus® shall not be liable

in any way for the Customer not being able to purchase the Product or any damages arising in connection therewith.

Orders made by the Customer will constitute a sales agreement upon receipt of the order by igus®. Provided, however, that this will not apply if igus® notifies the Customer that it declines the order immediately within 24 hours. In this case, igus® shall not be liable in any way for the Customer believing that the order constitutes a sales agreement or any damages arising in connection therewith. If igus® deems it particularly necessary, it will additionally execute a written sales agreement with the Customer and change the terms of sale.

Please be aware that igus® may claim from the Customer any expenses igus® incurs in connection with requests from the Customer.

VI. MEASURES FOR DEFECTIVE PRODUCTS – RETURNING AND REPLACING PRODUCTS

If it is discovered through the inspection set out that all or part of the Products fail to meet the specifications, igus® will check such the Products. If it is clear to igus® that the defects are attributable to only igus®, igus® will promptly deliver a replacement of the Products (or provide the service again in the case of a service) or, if directed by the Customer, refund the amount paid by the Customer for the part of the Products that is defective.

The Customer may return or receive replacement of the Products ("Returns") after the inspection period specified in, unless any of the following cases apply:

a)            The Products are not designated as "Stock" in the Catalog.

b)           The Products that have been opened, unpacked, or used.

c)            The Special Orders under the Terms and Conditions or the Products that are otherwise order-made for the Customer.

d)           The Products ordered by igus® from a third party at the Customer's request.

e)           The Products that have deteriorated or been damaged due to an error in the Customer's use. Or a pysical impact occuring to products changing the products shape.

f)            The Products that the Customer wishes to return because of the Customer's preferences, such as the Products not suiting the Customer's tastes (having a different color or appearance from that in the Catalog).

g)            The Products that have marks or damage attributable to the Customer.

h)           Fifteen (15) days have passed since the date of delivery of the Products.

i)             The Customer has placed a large quantity order for the Products.

j)             The Customer is an Export Processing Enterprise (EPE).

k)            Dangerous goods.

For the Returns, shipping costs shall be borne by the Customer. Please be aware that igus® may charge a handling or restocking charge for such Returns in addition to such shipping cost in accordance with the Cancellation Policy or the Warranty applicable to the Service provided to the Customer. The Customer shall contact igus® to confirm the Return is acceptable and igus® will inform the Customer whether the Return is acceptable and how to return the Products. The Customer shall store the returned Product in suitable conditions in light of nature of the Products until the Return is completed.

If there is any Defects in the Products or the wrong Products are delivered due to the reason attributable to igus®, please contact igus® within the period mentioned. By information from the Customer, igus® will determine whether the damage or wrong delivery is attributable to igus® and if igus® acknowledge thereof, igus® accepts return of the Products. The postage costs incurred in returning the Products will be borne by igus®. If igus® cannot confirm the condition of the Product, igus® may reject the Return of the Products.

VII. DELIVERY AND ACCEPTANCE OBLIGATIONS

1. Delivery dates shall not be fixed dates unless they have been expressly designated and agreed as such. Delivery dates shall begin to run after the receipt of all documents required for the execution of the order, as well as the payment of any agreed down payment and any agreed supply of materials from the customer. If the delivery becomes impossible through no fault of igus®, the delivery date shall be considered met upon notification of the readiness for shipment.

2. Unless a fixed date has been agreed, igus® shall only be in default after receipt of a written warning letter and the lapse of a grace period of at least 48 hours. If, after the lapse of the grace period, no delivery has been made due to reasons for which igus® is responsible, then the customer shall be entitled to demand default damages, or to withdraw from the agreement if the customer, when setting the grace period, notified igus® of the rejection of the contractual performance in writing. Except in cases of gross negligence or intent by igus®, any default damages shall be agreed by both Parties based on the products which has not been timely delivered.

3. Delivery of the Products is deemed to be completed when the Products is delivered to the place registered by the Customer or designated by the Customer at the order. Upon receiving the Products, the Customer is requested to affix its seal or representative's signature to the delivery company's form as proof of receipt.

4. The Products may not be delivered if the Customer's company name, factory name, research institute name, nameplate, or other verification of the Customer cannot be confirmed.

5. If the Products are delivered to a location other than that specified by the Customer, the person receiving the Products may be required to provide personal identification, such as a license or passport. (In this case, details such as the address, name, and registration number in the license or passport provided may be saved in image or the same form for the evidence.)

6. In the case of call-off orders without specific contractual terms, production batch sizes and acceptance dates, igus® may request a binding determination in this regard by no later than three months after the order has been confirmed. If the customer does not meet such request within three weeks' time, then igus® shall be entitled to set a two-week grace period and, after such grace period lapses, to withdraw from the agreement or reject the delivery and demand damage compensation.

7. If the customer does not fulfil their acceptance obligations, then igus® shall, not-withstanding its other rights, not be restricted by any regulations governing self-help sales but shall rather have the right to sell the delivery goods to a third party after having notified the customer in advance of its intention to do so. If igus® takes back the delivery goods as a goodwill gesture, they shall be required to be in flawless condition, in their original packaging and delivered freight-paid within an agreed timeframe. igus® shall be entitled to charge appropriate costs for the expenses which it incurs by taking back the goods.

8. If an agreement is terminated by the customer for reasons for which igus® is not responsible, the customer shall be obliged to accept all finished products in the quantities already ordered or approved at the agreed prices as well as all unfinished products against reimbursement of the costs incurred by igus® for their production.

VIII. FORCE MAJEURE

1. Force majeure events shall release igus® from its contractual performance obligations for their duration. Force majeure events shall be considered to be particularly (a) natural catastrophes such as fires, floods, earthquakes, hurricanes or other extreme natural events (b) civil unrest, wars, sabotage, terror attacks, epidemics or widespread, international disseminations of infectious diseases and other similar unforeseeable and unavoidable events (c) strikes, lock-outs and other measures within the parameters of labour struggles (d) electrical power outages or the failure of telecommunications lines (e) measures issued by the lawmakers, the government or by courts or government agencies regardless of their legality. Force majeure events shall also include raw materials shortages or delays or bottlenecks during the delivery of raw materials or replacement parts if and insofar as they have been caused by (i) a force majeure event suffered by a supplier of igus® or (ii) grave market disruptions or (iii) are based upon the fact that a supplier of igus® has discontinued the production or delivery of a raw material or of replacement parts owing to reasons for which igus® is not responsible.

2. In the case of force majeure events, which are not just temporary but make it permanently impossible for igus® to perform its contractual obligations or – duly taking into account the customer’s interests – make it unreasonable for igus® to perform its contractual obligations, both igus® and the customer shall be entitled to withdraw from the portion of the agreement which has not yet been fulfilled.

3. The customer shall be entitled to retain any payment for goods and services that igus® shall not be obliged to deliver or render as the result of a force majeure event until such event ends. igus® shall not be liable for any damages or costs incurred by, or as a result of, any force majeure event.

IX. PACKAGING, SHIPPING, TRANSFER OF RISK

Unless agreed otherwise, igus® shall choose the packaging, shipping method and shipping route in its own best discretion. Even in the case of freight-paid delivery, the risk shall be transferred to the customer when the goods leave the igus® factory. In the case of delays in the shipment due to reasons for which the customer is responsible, the risk shall be transferred upon the notification of the readiness for shipment. Upon the customer’s written request, the goods shall be insured at the customer’s expense against warehousing, breakage, transport damage and fire damage.

X. OBLIGATIONS TO EXAMINE AND LODGE NOTIFICATIONS OF DEFECTS, LIABILITY FOR DEFECTS

1. The customer shall be obliged to promptly inspect the delivered goods upon their receipt for obvious defects and transport damage. Obvious defects shall also include the absence of manuals as well as the delivery of wrong goods or insufficient quantities. Such obvious defects must be reported in writing to igus® within two weeks after the delivery has been made. In the case of hidden defects, the defect must be reported promptly upon its discovery. In the case of non-compliance with the obligation to examine and lodge notifications of defects, the goods shall be deemed to have been approved with regard to the relevant defect.

2. Defects in the delivered goods – including the manuals – shall be remedied within the statute of limitations period after the customer has notified igus® of the defect. At igus®’ option, igus® may either deliver a non-defective replacement part or repair the defect at its own expense. In case of a replacement delivery the customer shall be obliged to return the defective goods to igus®.

3. If the defect cannot be remedied within an appropriate timeframe, or if the rectification or the replacement delivery was unsuccessful for other reasons, the customer may, at its option, demand the reduction of the purchase price or withdraw from the agreement. A failure of the rectification attempt may only be assumed if (i) igus® has been granted sufficient opportunity to make a rectification, or a replacement delivery, without the desired success having been attained, or (ii) the rectification or the replacement delivery is impossible, or (iii) the rectification or the replacement delivery has been rejected or unreasonably delayed by igus®, or (iv) justified doubts exist as to the chances of success of the rectification or replacement delivery, or (v) the rectification or replacement delivery is unreasonable for other reasons. The statute of limitations period shall be 12 months after the transfer of risk.

4. Decisive for the quality and design of the products shall be the outturn samples, which are presented to the customer upon igus®’s request for testing purposes. The assurance of specific features of the delivery goods and for the performances of moulds shall require written confirmation in the order confirmation. The reference to technical norms or standards shall serve merely as a product description and shall not constitute a quality guarantee. If igus® has advised the customer outside the scope of igus®’ contractual performance, igus® shall be liable for the functionality and the suitability of the delivery goods only if and to the extent igus® has expressly given a quality assurance in writing. The state of the technology at the time that the order is accepted shall be decisive.

5. In cases of supply chains where the end customer is a consumer igus®’s recourse liability shall derive from applicable mandatory statutory law. igus® shall not be liable under good will arrangement that have not been approved by igus®.igus®’ liability in connection with recall campaigns is limited to recall campaigns that have been mandatorily ordered by the competent authorities; igus® shall not be liable for voluntary recall campaigns.

XI. PAYMENT TERMS AND CONDITIONS AS WELL AS PAYMENT DEFAULT

1. The Customer shall pay the purchase price for the Products it has purchased and all taxes imposed thereon by any of the methods set out in the Catalog and selected by the Customer at the customer registration; provided, however, that the Customer may be required to change the payment method upon request from igus®. The payment term ("Payment Term") shall be determined at the customer registration. Please be aware that igus® may request advance payment from the Customer if it is a new customer, depending on the status of a transaction or for other reasons.

2. igus® will send invoices for the Products shipped and the Customer shall make all payment for such invoice amount in accordance with the Payment Term. The Customer shall be liable for the relevant bank fee of such payment, if any.

3. If the Customer fails to pay the amount for the Products and all taxes by the due date, based on the Payment Term, regardless of the reason for such delay, a default charge may be additionally imposed on the unpaid amount at the rate determined by igus® separately or if such rate is higher than the highest rate of interest permitted by applicable law, such highest rate.

4. If payment by the Customer cannot be confirmed by the specified due date based on the Payment Term, please be aware that igus® may carry out predetermined procedures, such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's registration.

5. If the Customer desires to change its payment method, please contact igus®. Please note that longer period may be required for procedures to change the payment method depending on the payment method. The customer may offset or assert a right of retention only if its claims are undisputed or have been awarded by a final judgment.

XII. WARRANTY

The Warranty Standard, that is the sole warranty made with respect to the Products separately set out in the Catalog (the "Warranty").
“THE WARRANTY OF igus® HEREIN IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES OF igus®, THE MANUFACTURER OF THE PRODUCTS, AND ANY OTHER ENTITY INVOLVED IN THE MANUFACTURE, SALE, OR SERVICING OF THE PRODUCTS (OR ANY PORTION THEREOF) AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "MANUFACTURING AND SELLING COMPANIES"), EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.”
In case that no warranty is applied to the defect of the Products under the Warranty, repair or replacement of the Products will be charged and the Customer is required to pay the repair or replacement fee separately designated by igus®, provided, however, that the defect of the Products may not be repaired or replaced because of the nature, manufacturing date, or specifications of the Products in issue.

1. With respect to the Products purchased by the Customer, igus® will replace all or part of the Products or repair the Products free of charge if it is deemed there is any damage, deformation or defects to the Products (the "Defects") that are attributable to igus®, on the condition that (i) written notification stating sufficient details of the Defects, satisfactory to igus®, reaches igus® within the warranty period (defined in the following clause), and (ii) igus® acknowledges the Defects are attributable to igus®.
Provided, however, that the following cases are outside of the scope of the warranty.

a) Defects caused by use of the Products in any way other than as a part of general industrial use. Under this Warranty, general industrial use means use as a component of general production equipment or for commercial use or industrial application, but does not include transportation devices with the purpose of transporting humans such as automobiles, vehicles, or ships, medical equipment with the purpose of curing and diagnosing humans, or consumer goods that are used in general households such as electronic and electric equipment.

b) Defects caused by use of the Products in aerospace equipment, nuclear energy equipment, or military-related products such as weapons or arms.

c) Defects caused by recklessness or error in the Customer's handling of the Products.

d) Defects caused by natural disasters (including, without limitation, earthquakes, fires and floods).

e) Defects caused by failure to comply with the specifications, intended uses, instructions and warnings, conditions of use, drawings or other matters relating to the Products that are provided in the Catalog; or with any notice or other description in documentation that comes with the Products (or its accessories).

f) Defects caused by the Customer itself processing, repairing, modifying or disassembling the Products.

g) Defects caused by equipment other than the Products.

h) Defects caused by use of the Products outside Vietnam.

i) Defects caused by using the Products for untested or unanticipated purposes or in untested or unanticipated ways.

j) Defects caused by the Customer using the Products in violation of the provisions of the Terms and Conditions.
k) Any other cases in which igus® provides in the Catalog that it will not repair or replace the Products.

2. The warranty period applicable to the Products under this Warranty is one (1) year from the day igus® ships the Products.

3. Minor flaws such as scratches, marks, dents or discoloration that do not make the Products unusable do not constitute Defects. Provided, however, that if igus® acknowledges any flaws such as scratches, marks, dents or discoloration to be particularly significant, such flaws will constitute a Defect.

4. Within two (2) weeks of receipt of the Products the Customer shall confirm the name and quantity of the Products, check that the specifications of the Products match those listed in the Catalog and that there are no Defects in the Products. If there is any Defect, the Customer must give written notification to igus®, from which the Customer purchased the Products, within two weeks. Please note that igus® may deem that the Products have no Defects under warranty if it does not receive notice within two (2) weeks of receipt of the Products.

5. The Customer will be charged for all replacements and repairs of the Products that take place after the warranty period, that are outside the scope of warranty, or are otherwise not subject to this Warranty. In certain cases, repair or replacement may not be possible due to the nature, production date or specification of the Products.

XIII. TERMS OF USE

1. This Warranty only applies to the purchase and use of the Products within Vietnam, and is not applicable outside of such country.

2. Under this Warranty, igus® may request the Customer return the products that need to be repaired or replaced to igus®. In general igus® sending employees to the Customer to repair or replace the Products might be charged the extra fees.

3. Production and sale of the Products may be suspended at the discretion of the original manufacturer. Please be aware that in this case it will not be possible to replace the Product with the exact same product.

4. igus® may revise, modify or amend this Warranty ("Amendments") and will set forth such Amendments in the Catalog or on the website of igus®. If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.

XIV. DETAILS OF THE SERVICES

The Customer may purchase the Products listed in the Catalog using the Service subject to the provisions of the Terms and Conditions and any terms set out in the Catalog (including, without limitation, specifications, price, Days to Delivery and instruction and precaution for use). Please be aware, however, that because of the nature of the Products, the Customer's business or other standards prescribed by igus®, or at the discretion of the original manufacturer or igus®, some of the Products may be removed without prior notice or warning.

The Customer may use the Service provided by igus®’s website in accordance with the Terms and Conditions and other terms and conditions for use of our website. igus® may suspend or discontinue all or part of such Service for maintenance of machinery or equipment and other reasons, without prior notice or warning to the Customer.

The Service is provided within the distribution area of igus®, except areas where deliveries cannot be made. Please contact igus® for any queries on the distribution are and the service areas.

If the Customer desires to request igus® a large quantity order of the Products which is required separate quantity for volume discount rate under the Catalog, the price and shipment date of the Products will be determined by the quantity issued by igus®.

XV. RESERVATION OF OWNERSHIP

1. The goods delivered by igus® (Reserved Goods) shall remain the property of igus® until all payment claims which igus® has against the customer have been settled in full. Insofar as the value of the security rights exceeds the amount of all secured payment claims by more than 15%, igus®shall, upon the customer’s request, release a corresponding portion of the security rights; in the case that such are lease is made, igus® shall been titled to choose between the various security rights.

2. During the reservation of ownership, the customer shall be forbidden from pledging the goods or assigning them by way of security, and the resale thereof shall be permitted only in the course of customary business transactions and only subject to the condition that the customer has likewise agreed on a reservation of ownership with its own customer in accordance with the provisions of this section.

3. In case of a resale of the Reserved Goods by the customer, the customer hereby assigns any future payment claims from the resale with all ancillary rights for security purposes to igus® without any additional special declarations being required. In case the Reserved Goods are resold together with other goods without a separate price being indicated for the Reserved Goods, the customer hereby assigns the portion of the overall payment claim to igus® that corresponds to the net price for the Reserved Goods invoiced by igus®.

4. The customer shall be permitted to process the Reserved Goods or to mix or combine them with other goods. Any processing shall be done for igus®; in the case of a combining or a mixing of the Reserved Goods with other goods not belonging to igus®, igus® shall be entitled to the co-ownership to the new goods in a ratio that equals the ratio of the net price of the mixed or combined Reserved Goods invoiced by igus® to the value of the rest of the goods at the time of the mixing or combining. The new goods created through the processing, combining or mixing shall be considered Reserved Goods. The provision regarding the assignment of the payment claim in accordance with the aforementioned Clause 3 shall also apply to the new goods; however, the assignment shall be made only up to the amount of the net price of the processed, combined or mixed Reserved Goods invoiced by igus®.

5. Until revocation thereof is made, the customer shall be authorised to collect the payment claims assigned to igus® for security purposes. In the case of an important reason – particularly in the case of payment default, the discontinuation of payments, the opening of bankruptcy proceedings or justified indications of excessive debt or looming insolvency upon the customer’s part –, igus® shall be entitled to revoke the customer’s authorisation to collect the payment claims. igus® shall be entitled at any time to disclose the assignment of security or to demand the disclosure thereof by the customer.

6. In the case of seizures, confiscations or other third-party disposals or interventions, the customer must promptly notify igus® thereof. Upon igus®’s request, the customer shall be obliged to provide igus® with all information and documents required for the assertion of igus®’ rights against the customer’s end customer.

7. If igus® exercises its right of rescission, the customer shall be obliged to return the Reserved Goods. Taking back the Reserved Goods or asserting the reservation of ownership shall constitute no rescission of the agreement unless igus® has expressly declared this.

XVI. TOOLS AND SAMPLING

1. The tools used for the manufacture of the contractual goods shall always be and remain the sole property of igus®, even if it was exclusively manufactured or acquired on behalf of the customer for certain products, and irrespective of whether the customer has contributed to the costs of the manufacture or acquisition of the tools.

2. Any tool and/or set-up costs – including proportional costs – to be paid by the customer shall become payable after presentation of the initial samples of the agreed and proper quality and corresponding documentation in accordance with the AIAG (Automotive Industry Action Group), VDA (Verband der Automobilindustrie e.V.) [German Automobile Industry Association] or the industry standard without a formal approval from the customer or the end customer being required.

3. The costs for a one-time sampling process shall not include the costs for testing and processing devices as well as for changes requested by the customer. The costs for any additional sampling processes that become necessary for reasons attributable to igus® shall be borne by igus®.

XVII. PROVISION OF MATERIALS

If it has been agreed with the customer that the customer shall supply materials, such materials must be supplied at the customer’s expense and at the customer’s risk with an appropriate quantity surcharge of at least 5% in a timely and flawless fashion. In case of non-compliance with this obligation, the delivery date shall be appropriately extended. Except in cases of force majeure, the customer shall pay any additional costs – particularly for production disruptions – that are incurred by igus® as the result of the materials not being timely supplied or not being supplied in a manner as agreed.

XVIII. PROPRIETARY RIGHTS

1. All intellectual property rights arising as a result or in connection with the manufacture and delivery of contractual products by igus®, particularly to models, moulds and devices, drafts and sketches designed by igus® or by third parties on igus®’ behalf, shall be the sole property of igus®, unless explicitly agreed otherwise in writing, in particular in cases of joint development projects or cost-based development orders.

2. If igus® has to deliver according to the customer’s sketches, models, samples or using parts provided by the customer, then the customer shall ensure that third-party proprietary rights are not violated. The customer shall indemnify igus® from any third-party claims and shall compensate igus® any damage incurred. If igus® is prohibited from manufacturing or delivering contractual products by a third party on the basis of proprietary rights of such third party, then igus® shall be entitled, without any obligation to examine the legal situation, to discontinue any work. Any sketches and models provided to igus® which have not resulted in an order shall be returned upon request; otherwise, igus® shall be entitled to destroy them three months after rendering its offer.

XIX. PERSONAL INFORMATION

Any personal information of the Customer collected by igus® through the Service will be used for the following matters:

1. To provide corporate information, business information and events by igus® and its affiliated companies

2. To provide Product information or surveys regarding machinery related business or diversified business of igus® and its affiliated companies.

3. igus® will not disclose or provide to a third party any personal information of the Customer obtained in relation to use of the Service, except for the following cases:

a) When disclosed to the courier company or manufacturer who deliver the Products to the Customer or otherwise necessary to provide the Service;

b) When the Customer agrees to igus® disclosing its details such as its name, address, telephone number, or email address; or

c) When disclosure is required by laws, regulations, or ordinances.

d) All Personal Information of the Customer shall also be protected in accordance with the Privacy Policy of igus® provided on its website.

XX. SCOPE OF USING INFORMATION

You do not have to provide personal information to use this website. However, certain services which you may subscribe for through this website may require you to provide personal information, such as your name, address, email address and other contact information. We use such personal information to respond to your inquiries and to send you newsletters, product information, updates and other related information of IGUS VIETNAM CO., LTD. and its affiliated companies. If you decide at any time that you no longer wish to receive mailings from us, please refer to the paragraph below headed 'Opt Out'.

In addition, and as is typical of websites generally, incidental to your use of this website, our web server may automatically log certain information such as the name of your Internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, and other similar traffic-related information. We may also aggregate information relating to your and other visitors' traffic patterns. We use the foregoing information to help us improve our website and the services that we provide through the website. We do not use such data in any way to create or maintain a personal profile of you or to collect personal information from you.

Generally, we will not disclose information we collect through your use of our website to third parties. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain website-related services (e.g., web hosting or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that we are required to do so for any or all of the following reasons: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of the website or our network; and/or (iv) to protect the rights, property, or safety of IGUS VIETNAM CO., LTD. ('igus®'), the users of the website, or the public.

XXI. OPT OUT AND/OR REVISIONS TO PERSONAL INFORMATION

If you no longer wish to receive materials from us or want your personal information removed from igus®'s database, please contact us at info@igus.vn. Alternatively, when you receive materials from us by e-mail or other communications, you can make use of the "opt out" provision in such communications so that we know that you no longer wish to receive such materials from us.
You can review, change or delete certain personal information related to your use of our online sites (e.g., name and contact information). To review, change or delete your personal information, please contacting or calling the igus office (details available on our website). Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. Please note that any requests to update your personal information may take up to 6-8 weeks to process.

XXII. CONFIDENTIALITY

1. Purpose:
All Customers’ information requested to provide by Igus®by any form, including but not limited to: full name, address, email, telephone number, bank account,… shall be used for the order or any products support or sending the products and marketing information only. Igus® and Customers shall be responsible for all information provided by each Party following the law regulation.

2. Scope of using the Confidentiality
Igus® guarantees that all Customers’ information shall be used for the service requested by Customers only. In case of using the Customers’ information for the grateful, and/or regular marketing strategies so that Igus® shall send a notification to Customers before using their information, including but not limited to: the email/letter/message/document/…

3. Saving time
All Customers’ information shall be saved by Igus® in Igus’s system until the time of being announced to destroy by Customers. Then, the information shall be destroyed within 48 hours from the time of being announced.

4. Exceptional
Igus®’s personel shall access to the Customers’ information if he/she is taking a case relating to Customers’ needs and/or any the Third Party that is serving Customers’ needs, including but not limited to Delivery Company, IT Department.
In case of being requested by the Goverment, all Customers’ information shall be provided, then Igus’s shall send a notification to Customers.

5. Information acccess and amend tools
Customers shall send a request to Igus via section “Consultation and Supporing” if he/she hopes to access or amend his/her information on Igus’s system (if any). Customers shall be reponsible for these requests.

6. Other
Any questions or complaints related to the misuse of the Customers’ information following the scope that has been notified to the Customers, please reponse to the “Consultation and Supporting” Department via the tel. 028 3636 4189. Customers are entitled to submit a request, complaint and/or intitate a lawsuit to the competent state agency for settlement.
 

XXIII. PLACE OF PERFORMANCE AND LEGAL VENUE

The place of performance shall be igus®’s registered office. At igus® choice, the legal venue shall be either its or the customer’s registered office. The contractual relationships of igus® and all disputes resulting therefrom shall be exclusively governed by the Economic Laws of Vietnam excluding any conflict-of-law or choice-of-law provisions that would result in the application of another law. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

XXIV. EU SANCTIONS PACKAGES AGAINST INDIVIDUAL COUNTRIES

It is very important to igus GmbH to comply with the requirements of the German government and the European Union. With the 12th sanctions package of the European Union, a new level of trade restrictions has been introduced. With immediate effect, companies are legally obliged to contractually prohibit the re-export of certain goods to Russia ("no-Russia clause") and to agree a re-export clause with the respective business partner. We would like to expressly draw your attention to your obligation to comply with existing export law. Furthermore, any contract concluded with you with immediate effect is subject to the suspensive condition that it shall only be deemed to have been concluded with igus GmbH as legally binding once a complete export/shipping license (if required) has been provided. Failure by the competent authority to issue the required authorization is a breach of law and the contract concluded with you is to be deemed null and void and no claims shall then arise for either party. Any liability for damages on the part of igus GmbH is also excluded in full.

General Business Terms and Conditions of igus GmbH (Vietnamese)