1. GENERAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

MMotion AB

Sallerupsvägen 30

212 18 Malmö, Sweden

Organization Number: 559596-0021

Email: info@m-motion.eu

(hereinafter referred to as the „Contractor“)

§1 Scope of Application & Language

These General Terms and Conditions (GTC) apply exclusively to all business relations, deliveries, CNC machine programming services, custom automation solutions, and tool distributions provided by the Contractor to its commercial customers (B2B).

Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless expressly agreed to in writing.

The contractual language is English.

§2 Scope of Services & Customer’s Duty to Cooperate

The exact scope of services (including PLC/CNC programming, machine automation, retrofitting, or tool sales for aluminum and metal manufacturing) is defined in the respective written quotation or project contract.

The customer is obligated to provide all necessary technical data, plant layouts, and safety regulations required for execution in due time.

Acceptance: Upon completion of programming, modernization, or installation work, a joint functional test and formal acceptance protocol must be executed. If the customer puts the plant or machinery into production use, the service is deemed accepted.

§3 Warranty & Limitation of Liability for Programming Errors

The Contractor warrants that its programming and engineering services are executed with professional diligence in accordance with current state-of-the-art automation standards.

Exclusion of Consequential Damages (Tool Breakage & Collisions):

The Contractor shall not be held liable for any material damages, mechanical breakdowns, or tool damage (including, but not limited to, tool breakage, mechanical collisions, axis crashes, or damage to raw materials/workpieces) resulting from or caused by programming errors, software bugs, or incorrect parameterization, unless caused by gross negligence (grobe Fahrlässigkeit) or willful misconduct (Vorsatz) by the Contractor.

It is the customer’s sole responsibility to monitor initial test runs, dry runs, and the commissioning phase under safe, controlled conditions to prevent physical collisions.

§4 Exclusion of Production Downtime & Compensation Payments

No Liability for Loss of Production: Under no circumstances shall the Contractor be liable for any indirect, incidental, or consequential damages.

Exclusion of Financial Losses: Any claims for production downtime, loss of profits, plant stoppage, operational interruptions, contractual penalties owed by the customer to third parties, or any form of compensatory payments due to an outage or malfunction of the plant, machinery, or software are strictly and explicitly excluded.

This exclusion applies regardless of the legal basis (contract, tort, warranty, or otherwise), except in cases of mandatory statutory liability for personal injury.

§5 Retention of Title (Tool Sales)

All delivered goods and tools (specifically for aluminum and metal manufacturing) remain the absolute property of the Contractor until full payment of all claims arising from the business relationship has been received.

§6 Applicable Law and Jurisdiction

All legal relationships between the Contractor and the customer shall be governed exclusively by the substantive law of Sweden. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the competent court responsible for the Contractor’s registered seat (Malmö, Sweden), or, at the Contractor’s sole discretion, the competent court in Vienna, Austria.

2. GENERAL TERMS AND CONDITIONS FOR CONSUMERS (B2C)

MMotion AB

Sallerupsvägen 30

212 18 Malmö, Sweden

Organization Number: 559596-0021

Email: info@m-motion.eu

(hereinafter referred to as the „Contractor“)

§1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts, deliveries, services, and tool sales concluded between the Contractor and consumers (private individuals) residing within the European Union, particularly in Sweden and Austria.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

§2 Warranty Rights (Statutory Rights)

Consumers are entitled to statutory warranty rights in accordance with the applicable mandatory laws of their country of residence (e.g., the Swedish Konsumentköplag / Konsumenttjänstlag or the Austrian KSchG / ABGB).

If a delivered tool or service is defective, the consumer has the right to demand rectification (repair or replacement). If rectification fails, the consumer is entitled to a price reduction or, in the case of major defects, cancellation of the contract.

§3 Limitation of Liability

The Contractor shall be fully liable for damages resulting from injury to life, body, or health, as well as for damages caused by willful misconduct or gross negligence.

In the event of a breach of essential contractual duties, the Contractor’s liability for slight negligence (leichte Fahrlässigkeit) shall be limited to damages that were foreseeable and typical for this type of contract at the time of conclusion.

Liability for purely indirect damages, unearned income, or commercial business interruptions is excluded.

§4 Right of Withdrawal for Distance Contracts

Consumers purchasing via distance communication (e.g., online, email, or telephone) have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days from the day on which the consumer (or a designated third party) takes physical possession of the goods.

To exercise this right, the consumer must inform the Contractor via a clear written statement sent to m_motion@outlook.com or by post to MMotion AB, c/o Martin Gabriel Groder, Sallerupsvägen 30, 212 18 Malmö, Sweden. The consumer bears the direct cost of returning the goods.

Exceptions: The right of withdrawal does not apply to goods or software solutions that are custom-made or personalized according to the consumer’s specifications.

§5 Retention of Title

All delivered goods and tools remain the property of the Contractor until full payment has been received.

§6 Applicable Law, Dispute Resolution, and Jurisdiction

The law of the Kingdom of Sweden applies, provided that it does not deprive the consumer of mandatory protection afforded to them by the laws of their country of residence (e.g., Austria).

Alternative Dispute Resolution (ADR): Consumers can access the European Commission’s Online Dispute Resolution (ODR) platform at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr).

Consumers may choose to bring legal action either before the competent court in Malmö, Sweden, or before the competent court at their own place of residence (e.g., in Austria).