General Terms & Conditions

Dobringer Thermoforming Consulting (DTC) – Business Customers (B2B)

Version: 16 October 2026

These General Terms and Conditions govern the provision of professional thermoforming consulting, technical support, process optimization and training services by Dobringer Thermoforming Consulting (DTC).

These terms apply exclusively to business customers (B2B), unless otherwise expressly agreed in writing.

1. Service Provider and Scope

DTC provides independent consulting and technical services in thermoforming and related manufacturing processes.

Services may include:

• Thermoforming process analysis and optimization
• Technical troubleshooting and root cause analysis
• Productivity and cycle time improvements
• Material distribution and consumption optimization
• Quality and process stability improvements
• Machine, tooling and process assessments
• Operator and technical staff training
• On-site and remote technical consulting

The specific scope, duration, location and fees of each assignment are defined in the individual quotation, order confirmation or written agreement.

2. Contract Formation and Priority of Agreements

A contract is formed upon written acceptance of a quotation, written order confirmation or another mutually agreed form of contractual acceptance.

Individual written agreements and accepted quotations take precedence over these General Terms and Conditions where they expressly provide different terms.

Any conflicting or additional purchasing conditions of the client shall apply only if expressly accepted by DTC in writing.

The reservation of assignment dates is governed separately by Section 3.2.

3. Consulting Fees and Payment Terms

3.1 Consulting Fees

Consulting services are charged according to the rates and scope specified in the accepted quotation. All quoted fees are net amounts, exclusive of applicable taxes unless otherwise stated.

3.2 Advance Payment and Booking Confirmation

Unless otherwise agreed in writing, an advance payment of 50% of the agreed project value is required.

The requested assignment dates shall only become binding upon receipt of the advance payment in DTC’s bank account and written confirmation of the reservation by DTC.

Until both conditions are fulfilled, proposed dates remain provisional and subject to availability.

DTC is not obligated to commence the assignment or make binding travel arrangements before the required advance payment has been received.

The advance payment shall be credited against the final invoice.

3.3 Final Payment

The remaining balance shall be invoiced following completion of the assignment and is payable within seven (7) calendar days from the invoice date, unless otherwise agreed in writing.

3.4 Currency and Bank Charges

All payments shall be made in Euro (EUR), unless another currency has been expressly agreed in writing.

All bank transfer fees, intermediary bank charges and transaction costs shall be borne by the client, to the extent legally permissible.

3.5 Late Payment

Late payments may be subject to applicable statutory default interest and legally recoverable collection costs.

4. Travel Time and Expenses

Travel time required for on-site assignments is charged separately.

Unless otherwise agreed in the quotation, travel days are charged at 50% of the agreed consulting daily rate.

Travel-related expenses are charged separately as specified in the quotation or at actual cost incurred.

These expenses may include:

• Flights and other transportation
• Hotels and accommodation
• Rental cars, taxis and transfers
• Company vehicle mileage
• Daily allowances and meals
• Parking, tolls and necessary travel costs
• Visa and travel documentation costs

Mileage rates, daily allowances and any other fixed travel charges are specified in the individual quotation.

Estimates for variable travel expenses may be adjusted to reflect actual costs incurred.

5. Taxes and Withholding

5.1 Taxes

All quoted consulting fees and other charges are exclusive of applicable taxes, duties and similar government charges, unless otherwise expressly stated.

5.2 Withholding Taxes

If the client is required by applicable law to deduct or withhold taxes from payments to DTC, the client shall inform DTC before making the payment.

To the extent legally permissible, the amount payable shall be increased so that DTC receives the full agreed contractual amount after the required withholding tax deduction.

5.3 Tax Documentation and Treaty Relief

Both parties shall reasonably cooperate in providing documentation required to claim exemptions, reductions or relief under applicable double taxation agreements.

The client shall provide official documentation confirming any withholding taxes deducted and remitted to the relevant tax authorities.

5.4 Mandatory Tax Regulations

All tax obligations and payment arrangements remain subject to applicable mandatory tax laws and international tax treaties.

6. Client Responsibilities and Cooperation

The client shall provide all information, access, personnel, materials and technical resources reasonably necessary for the agreed consulting services.

Depending on the machine, production environment and agreement with the client, DTC may either recommend technical and process adjustments for implementation by the client’s authorized personnel or directly perform adjustments to machine and process parameters.

6.1 Authorization and Machine Operation

Any direct adjustments performed by DTC shall require prior authorization from the client.

The client remains responsible for ensuring that the equipment is in a safe operating condition, that applicable safety procedures are followed and that appropriately qualified personnel are available where necessary.

DTC shall comply with applicable site safety instructions communicated by the client and shall perform authorized activities with appropriate professional care.

The client is responsible for providing information about machine-specific hazards, operating limitations and relevant safety requirements.

6.2 Implementation of Recommendations

Where adjustments are carried out by the client’s personnel, the client is responsible for their implementation and for ensuring that the work is performed by appropriately qualified individuals.

DTC remains responsible for exercising appropriate professional care when providing technical recommendations and performing its agreed services.

6.3 Product Quality and Production Release

The client remains responsible for verifying that products manufactured during or after the consulting assignment comply with all applicable quality requirements, product specifications, safety standards and regulatory requirements.

Final approval for commercial production and product delivery remains the responsibility of the client.

Any required quality inspections, laboratory testing, product validation or customer approvals must be completed by the client before products are released for commercial use.

7. Performance and Results

DTC provides services with professional care based on practical industry experience, technical knowledge and the information available during the assignment.

Consulting recommendations are based on the conditions observed and information provided at the time of assessment.

Specific production results cannot be guaranteed unless expressly agreed in writing.

Actual results may depend on:

• Machine condition and technical capabilities
• Tool design and condition
• Raw material properties and consistency
• Cooling and utility supply
• Operator performance and production procedures
• Maintenance and operating conditions

Any estimates of productivity improvements, cycle time reductions, material savings or financial benefits are indicative unless specific performance guarantees have been expressly agreed in writing.

8. Liability

DTC shall perform its consulting and technical services with reasonable professional care and in accordance with the agreed scope of work.

DTC may provide technical recommendations, assist the client’s personnel or directly perform authorized adjustments to machine and process parameters.

The allocation of responsibilities between DTC and the client shall take into account the agreed scope of services, the activities actually performed by each party and the applicable legal requirements.

8.1 Machine and Process Adjustments

The client remains responsible for the overall operation, maintenance and safety management of its production equipment.

Authorization for DTC to perform adjustments does not exclude DTC’s responsibility for its own negligent or otherwise legally wrongful actions.

DTC shall not be responsible for damage caused solely by unauthorized modifications made by the client or third parties, incorrect implementation of recommendations, or circumstances outside DTC’s reasonable control, provided that DTC has not contributed to such damage through a legally attributable breach of duty.

8.2 Production Results

DTC does not guarantee specific production results, cycle times, material savings, productivity improvements or product quality outcomes unless expressly agreed in writing.

8.3 Limitation of Liability

To the extent legally permissible, liability for slight negligence shall be excluded, except where such exclusion is prohibited by mandatory law.

To the extent legally permissible, DTC’s aggregate liability arising from an assignment shall be limited to the agreed contract value.

These limitations shall not apply to liability that cannot lawfully be excluded or limited, including liability for intentional misconduct or other mandatory statutory liability.

The client remains responsible for final production decisions, product testing, product approval and release for commercial use.

9. Intellectual Property

All pre-existing know-how, methodologies, training materials, presentations, technical documentation and proprietary working methods remain the intellectual property of DTC or their respective rights holders.

Unless otherwise agreed in writing, the client receives a non-exclusive, non-transferable right to use materials specifically provided by DTC for its own internal business purposes.

Reproduction, resale, publication or distribution to third parties requires prior written permission from DTC, except where otherwise permitted by law.

10. Confidentiality and References

10.1 Confidentiality

Both parties shall treat confidential commercial, technical, financial and operational information obtained during the consulting assignment as confidential.

Confidential information shall not be disclosed to third parties without prior authorization, unless disclosure is required by law or necessary for the performance of the agreed services under appropriate confidentiality obligations.

This obligation does not apply to information that is publicly available, independently developed or lawfully obtained from another source without confidentiality restrictions.

10.2 Anonymous Technical Case Studies

DTC may use general technical knowledge, experience and independently developed methodologies gained during consulting assignments for future consulting, training and professional communication.

DTC may publish anonymized technical case studies, including general descriptions of production challenges, improvement methods and achieved results, provided that:

• The client cannot reasonably be identified.
• No confidential or proprietary information is disclosed.
• No trade secrets or protected production data are revealed.
• Applicable confidentiality obligations are respected.

10.3 Customer Names, Logos and Photographs

The publication of customer names, company logos, identifiable production facilities, machine photographs or other information that directly identifies the client requires the client’s prior written authorization.

10.4 Performance Results and References

DTC may refer to anonymized productivity improvements, material savings, cycle time reductions and other technical achievements, provided that the information is accurate, does not disclose confidential information and cannot reasonably be linked to an identifiable client.

The use of identifiable customer references, testimonials or project-specific performance results requires prior written authorization from the client.

10.5 Continuing Confidentiality

Confidentiality obligations shall continue after completion or termination of the consulting assignment, subject to applicable law and any separate confidentiality agreement between the parties.

11. Cancellation and Rescheduling

Confirmed assignments reserve consulting capacity and may involve advance travel arrangements and project preparation.

Unless otherwise agreed in writing, cancellation by the client is subject to the following schedule:

Cancellation fees are calculated based on the total agreed consulting fees, including reserved travel-day fees, but excluding travel and accommodation expenses.

DTC generally arranges flights, accommodation and other travel services using flexible or refundable booking options.

Any travel expenses refunded or cancelled without charge will not be invoiced to the client.

Only actual, documented and non-recoverable travel expenses may be charged separately, to the extent legally permissible.

Any advance payments already received will be credited against applicable cancellation charges. Any remaining balance will be refunded to the client.

Rescheduling requires mutual agreement and is subject to DTC’s availability.

12. Delays, Equipment Availability and Waiting Time

12.1 Client Preparation and Readiness

The client shall ensure that all machines, tools, materials, utilities, documentation and qualified personnel required for the agreed consulting assignment are available and ready at the scheduled start of work.

12.2 Delays Caused by the Client

If the agreed services cannot be performed or are interrupted due to circumstances within the client’s responsibility, including equipment breakdowns, incomplete installations, unavailable tooling, missing materials or insufficient personnel, the reserved consulting time shall remain chargeable at 100% of the agreed consulting daily rate, provided that DTC is present or otherwise available as agreed, ready and able to perform the services.

12.3 Waiting Time

Waiting time during the scheduled assignment resulting from circumstances within the client’s responsibility shall be treated as consulting time and charged at the full agreed consulting rate.

DTC may, in coordination with the client, use such periods for alternative consulting activities, technical assessments or employee training within the agreed scope.

12.4 Additional Time and Expenses

If delays require additional consulting days, travel days, accommodation or other expenses, these shall be agreed with the client before additional costs are incurred, wherever reasonably practicable.

12.5 Rescheduling

If an assignment must be postponed or rescheduled due to circumstances within the client’s responsibility, the cancellation and rescheduling provisions under Section 11 may apply.

DTC shall make reasonable efforts to minimize avoidable costs. Any alternative use of reserved time or costs saved shall be taken into account to the extent required by applicable law.

12.6 Exceptions

These provisions shall not apply to delays caused by DTC or circumstances for which DTC is legally responsible. All charges remain subject to applicable mandatory law.

13. Events Beyond Reasonable Control

Neither party shall be responsible for delays or failure to perform caused by events beyond its reasonable control, to the extent permitted by applicable law.

Such events may include significant travel disruptions, natural disasters, government restrictions or other extraordinary circumstances.

The affected party shall inform the other party as soon as reasonably practicable. Both parties shall cooperate to identify a suitable alternative arrangement.

14. Applicable Law and Jurisdiction

Unless otherwise expressly agreed in writing, the contractual relationship shall be governed by the laws of the Republic of Austria, excluding its conflict-of-law rules to the extent legally permissible.

For disputes arising from the contractual relationship, the parties agree on Perg, Austria, as the intended place of jurisdiction, to the extent that such a jurisdiction agreement is legally valid and enforceable.

15. Final Provisions

Any amendments or deviations from these General Terms and Conditions shall be documented in writing, subject to applicable mandatory law.

If any provision of these terms is found invalid or unenforceable, the remaining provisions shall remain effective to the extent permitted by law.

The English version is intended for international business communication.

16. Contact