Global SafeTrack Systems GmbH

General Terms and Conditions for Private Customers (D)

(Version of April 2022)

Your purchase contract is concluded with

Global SafeTrack Systems GmbH

Filzenweg 14, 83071 Stephanskirchen

Commercial Register: HRB Traunstein 23481

Managing Director: Markus Schlittenbauer

Tax ID No. 156/127/50014

VAT ID DE294914166

Phone: (0 8036) 301 31-82, Fax: 301 31-81

info@globalsafetrack.com

HypoVereinsbank, BIC: HYVEDEMMXXX

IBAN: DE06 7002 0270 001 5466 489

1. Scope

1.1 These General Terms and Conditions apply to all mutual claims arising from and in connection with a contract conclusion between the customer and Global SafeTrack Systems in catalog mail order, always in their version valid at the time of the respective contract conclusion, including the special terms and conditions of Global SafeTrack Systems for the various services that do not involve an order of goods. The special terms and conditions for the services are available with the respective offered services.

1.2 In case of conflicts, the following order of precedence applies:

1. Special terms and conditions of the individual services;

2. These General Terms and Conditions;

3. Legal regulation.

2. Participants

Global SafeTrack Systems concludes contracts with customers who are

a) fully competent natural persons who have reached the age of 18, and with

b) legal entities, each with a residence or registered office in the Federal Republic of Germany, a member state of the European Union, or Switzerland (hereinafter referred to as "customers"). If the offer of a non-accepted participant was accidentally accepted by Global SafeTrack Systems, Global SafeTrack Systems is entitled to declare withdrawal from the contract to the customer within a reasonable period.

3. Subject of the Contract

Global SafeTrack Systems delivers the goods ordered by the customer or provides services within the scope of the offer acceptance. Otherwise, § 434 para. 1 sentence 3 BGB applies. In case of withdrawal/revocation, Global SafeTrack Systems is obliged to immediately credit any down payments and/or advance payments made or, upon request, to refund them by cheque or transfer. If a financed transaction is present, clause 5.3 applies accordingly.

4. Conclusion of Contract

4.1 The contract is concluded by the acceptance of the customer's order by Global SafeTrack Systems.

The acceptance by Global SafeTrack Systems occurs upon receipt of the goods by the customer following the dispatch of the goods by Global SafeTrack Systems or with the performance of the service at the customer by Global SafeTrack Systems. If the customer orders via the internet, Global SafeTrack Systems will immediately confirm the receipt of the order electronically. However, a contract acceptance is not yet seen in an order confirmation.

4.2 The contract language is German.

5. Cancellation Policy

5.1 Due to the statutory right of withdrawal of the customer, an initially provisionally effective contractual relationship comes into existence through the order and its acceptance by Global SafeTrack Systems. The customer may revoke their contractual declaration within fourteen days without stating reasons in text form (e.g., letter, fax, email) or – if the goods are provided to the customer before the deadline – by returning the goods. The deadline begins after receiving this instruction in text form, but not before the goods have been received by the customer and also not before fulfilling our information obligations according to § 312 c) para. 1 BGB in conjunction with Art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as according to § 312 g) para. 1 sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. Timely dispatch of the revocation or the goods suffices to observe the revocation deadline.

The revocation should be addressed to:

Global SafeTrack Systems GmbH

Filzenweg 14, 83071 Stephanskirchen

Commercial Register: HRB Traunstein 23481

5.2 Consequences of Revocation

In the event of an effective revocation, the performances received by both parties are to be returned and any benefits (e.g., interest) drawn are to be surrendered. If the customer cannot return or surrender the received performance and benefits (e.g., benefits of use) or can do so only in part or only in deteriorated condition, the customer must provide compensation for the value. Compensation for the deterioration of the item and for drawn benefits is only to be made if the benefits or the deterioration are due to handling the item beyond testing the properties and functionality. "Testing the properties and functionality" refers to testing and trying out the respective goods, as is possible and customary in a retail store.

Goods that can be shipped by parcel are to be returned at our

 risk. If a return of the goods due to their weight or bulkiness is not possible as a parcel, it suffices if the customer sends a return request in text form to Global SafeTrack Systems within the 14-day deadline after receiving the goods. The customer must bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed 40 euros or if, at a higher price of the item, the customer has not yet rendered the service in return or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for the customer.

Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the thing, for us with their receipt.

The right of revocation does not exist

- for deliveries of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiration date would be exceeded,

- for delivery of audio or video recordings or of software if the delivered data carriers have been unsealed by the consumer,

- for the delivery of newspapers, periodicals, and magazines unless the consumer has made his contract declaration by telephone.

Please note the following instructions before returning devices with storage media (e.g., hard drives, USB sticks, mobile phones, etc.):

You are generally responsible for backing up the data. Please create corresponding backup copies or delete contained personal data. This is particularly important if personal data of third parties are stored.

If deletion is not possible due to a defect, please explicitly point out the presence of personal data to us. Please mark this clearly on the return slip.

5.3 Financed Transactions

If you finance this contract with a loan and later revoke it, you are also no longer bound to the loan contract, provided that both contracts form an economic unit. This is particularly to be assumed if we are simultaneously your lender or if your lender uses our cooperation regarding the financing. If the loan has already flowed to us upon the effectiveness of the revocation or upon the return of the goods, your lender enters into our rights and obligations from the financed contract in relation to you regarding the legal consequences of the revocation or return. If you want to avoid a contractual commitment as far as possible, make use of your right of revocation and also revoke the loan contract if you also have a right of revocation for it.

End of the revocation instruction.

6. Agreement on Bearing Costs

If you make use of your right of revocation, it is agreed that you bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed 40 euros or if, at a higher price of the item, you have not yet rendered the service in return or a contractually agreed partial payment. Otherwise, the return is free of charge for you.

7. Unavailability of Ordered Goods or Service

Should Global SafeTrack Systems discover after receiving the order that the ordered goods or service are no longer available at Global SafeTrack Systems, any payments made will be refunded immediately. Global SafeTrack Systems may send or offer or provide a good or service of equal quality and price to the customer. In this case, the customer is not obliged to accept it and does not have to bear the costs of returning it.

8. Delivery/Shipping Costs

8.1 We charge a flat shipping rate of 8.95 euros within Germany. For online orders, the resulting amount will be shown in the shopping cart in a specified form before you place your binding order.

8.2 If the customer orders a delivery with the 24-hour service and the goods do not arrive within a reasonable grace period in individual cases, the customer is entitled to withdraw from the contract and return the goods to Global SafeTrack Systems. Claims for damages are excluded in this case unless Global SafeTrack Systems is at fault due to intent or gross negligence.

8.3 Subject to self-supply, Global SafeTrack Systems will ensure a rapid delivery. Should only part of the order not be immediately available, the remaining goods will be delivered without a new charge for the transport flat rate.

9. Price, Payment Terms

9.1 The price information in private customer catalogs are final prices and include the value-added tax valid on the day of the catalog's publication. Should a legal value-added tax increase occur after the catalog's publication, Global SafeTrack Systems is obliged to charge the increased value-added tax rate. The price information in business catalogs is usually net prices. In case of price increases in the book market, Global SafeTrack Systems is obliged due to price fixing to pass on price increases.

9.2 The invoice will show the net price for the goods as well as prices for additional services: packaging, shipping, 24-hour service, etc., and the respective value-added tax valid at the time of invoicing (

for private customers).

9.3 For orders via the homepages of Global SafeTrack Systems, not the catalog prices but the prices indicated when executing an order under the button "Check and Order" apply.

9.4 Global SafeTrack Systems reserves the right to exclude certain payment methods in individual cases to secure the credit risk and to carry out requested deliveries only against prepayment, cash on delivery, or immediate payment upon delivery.

10. Reservation of Ownership

Global SafeTrack Systems retains ownership of all goods delivered to a customer until the final and complete payment of the delivered goods. As far as Global SafeTrack Systems exchanges a product within the warranty, it is already agreed today that the ownership of the product to be exchanged mutually transfers from the customer to Global SafeTrack Systems or vice versa at the moment either Global SafeTrack Systems receives the product returned by the customer or the customer receives the exchange delivery from Global SafeTrack Systems.

11. Warranty

11.1 Global SafeTrack Systems warrants that the products are free from material and legal defects according to §§ 434, 435 BGB at the time of the transfer of risk.

11.2 Should delivered goods exhibit obvious material or manufacturing defects, including transport damage, the customer is asked to report such defects to Global SafeTrack Systems as soon as possible. However, the omission of this complaint has no consequences for your statutory claims. The legal provisions according to §§ 434 ff., 475 para. 1 BGB apply otherwise.

11.3 The warranty period for new goods is two years. The warranty for goods marked as refurbished and/or demonstration goods in the respective offers is 12 months. The respective warranty period begins with the receipt of the goods by the customer.

11.4 In case of a defect, the customer can demand, according to § 439 BGB, either the remedy of the defect or the delivery of a defect-free item, at his choice. Global SafeTrack Systems can refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs. If the remedy of a defect fails also at the second attempt within a repair, the customer is entitled within the framework of § 439 BGB to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. Otherwise, § 437 BGB applies.

11.5 Concerning any damage claims due to defects of the items, the legal provisions apply.

11.6 A prerequisite for the warranty claims is that the defect has not been caused by improper use or overloading. If a defect becomes apparent later than 6 months from delivery, the customer must prove that the item was defective at the time of the transfer of risk. Otherwise, it is up to Global SafeTrack Systems to prove that the item was free of defects at the time of transfer.

11.7 If you have taken advantage of the 48-month long-term warranty, § 443 BGB with extended customer rights is applicable. In particular, after 6 months, a reversal of the burden of proof does not take place.

12. Liability

12.1 Global SafeTrack Systems, its management, and its employees are liable in cases of positive contract violation, delay, impossibility, tort, as well as from other legal grounds (excluding pre-contractual violations) in case of intent and gross negligence. In the case that damages to life, health, or body have occurred due to fault, in case of culpable violation of contractual cardinal duties (main contractual obligations) or in case of fraudulent misrepresentation as well as in case of a claim for damages according to § 437 no. 2 BGB, Global SafeTrack Systems is liable to the legal extent. Only in the case of a violation of cardinal duties is the liability for employees of Global SafeTrack Systems limited to the typical, foreseeable damage. The term cardinal duty is either used to designate a concrete description of a breach of duty endangering the achievement of the contract purpose or explained abstractly as a duty whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly may rely. In case of delay, the business customer alternatively has the right to claim damages or to withdraw from the contract.

12.2 In the case of data losses, Global SafeTrack Systems is liable only if the customer has verifiably backed up the data stocks at least once daily. The liability for data losses is limited to the restoration effort in the presence of a backup copy, unless the data losses were caused by Global SafeTrack Systems intentionally or through gross negligence. Otherwise, liability is excluded except in cases of intent or gross negligence.

12.3.1 The extent of liability of Global SafeTrack Systems under the Product Liability Act remains unaffected.

12.3.2 "Global SafeTrack Systems GmbH" does not assume liability:

No promise is made regarding future operational readiness or uninterrupted and constantly area-wide operational readiness of all elements of the communication system. Consequential damages resulting from a satellite communication system not functioning wholly or partially, temporarily or locally limited or unlimited, cannot be

 claimed. The customer's contributory negligence is to be taken into account. Liability for conditions of network operators cannot be assumed. It is not within the sphere of influence of "Global SafeTrack Systems GmbH" if the network operators of the satellite communication networks change conditions for prepaid credit such as credit validity, expiry of the SIM card, tariff structures, or similar, or if monthly basic fees for the provision of services or service fees for connections are changed. For objections to this, the customer is encouraged to contact the respective network operator directly.

d. A return and subsequent refund of payments made is possible within the scope of the right of withdrawal for consumers in the sense of the law. The revocation instruction is separately confirmed by the customer before completing the order.

12.3.3 Force Majeure

a. In the event that "Global SafeTrack Systems GmbH" cannot perform the owed service due to force majeure (in particular war, natural disasters), it is exempted from its performance obligations for the duration of the hindrance.

b. If the execution of the order or delivery of the goods is impossible for more than one month due to force majeure, the customer is entitled to withdraw from the contract.

c. "Global SafeTrack Systems GmbH" commits that the satellite communication system for which goods are delivered is essentially operational at the time of delivery. No promise is made regarding future operational readiness or uninterrupted and constantly area-wide operational readiness of all elements of the communication system. Consequential damages resulting from a satellite communication system not functioning wholly or partially, temporarily or locally limited or unlimited, cannot be claimed.

12.4 The aforementioned regulations (10 and 11) represent the complete extent of liability of Global SafeTrack Systems, its management, and its employees.

13. Choice of Law

13.1 The legal relations between Global SafeTrack Systems and customers as well as the respective terms and conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.

13.2 The provisions of clause 12.1 do not affect mandatory regulations of the law of the state in which the customer has his habitual residence, if and insofar as the customer has concluded a purchase contract that cannot be attributed to his professional or commercial activity (consumer contract) and if the customer has carried out the legal actions required for the conclusion of the purchase contract in the state of his habitual residence.

14. Miscellaneous

14.1 A right of the customer to offset or withhold payment does not exist unless the claim is undisputed or has been legally established by a court.

14.2 Should individual provisions of this contract be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the rest of the contract.

14.3 The catalog distributed by us / the website operated by us and its entire content, especially texts, photos, images, graphics, illustrations, and any software as well as all trademarks, patents, utility models are all protected by industrial property rights, especially copyrights, name and image rights, trademarks, patents in force, or utility models against unauthorized use. Use beyond selecting and purchasing goods requires our prior written consent or, if the respective rights do not lie with us, of the rights holder.

14.4 The exclusive place of jurisdiction is Munich or another legal jurisdiction at the choice of Global SafeTrack Systems, provided the customer is a merchant in the sense of the Commercial Code or a legal entity under public law.

Date: 04/2018

The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr.

Privacy statements:

These privacy statements apply to all InReach tariffs: https://www.garmin.com/de-DE/privacy/inreach/policy