Canada Smart Tech Co. General Terms and Conditions for orders on or outside of

1. General

1.1. These General Terms and Conditions (GTC) for orders outside of this BRAND are intended only for use in business transactions with entrepreneurs.
1.2. These GT&C shall apply for all, including future, contracts with the customer, except for online business via Other terms and conditions shall not become part of the contract, even if BRAND does not expressly object to them. Amendments to and changes of the contract must be in written form. The waiver of the requirement for written form shall only be possible in writing. This shall not apply to individual contractual agreements. The language of the contract shall be English.
1.3. BRAND offers are subject to change and non-binding. BRAND reserves the right to make technical improvements to BRAND products.
1.4. BRAND may electronically store and process data necessary for the purpose of processing the contract. Further information on data protection is contained in the data protection


2. Retention of Title, Assignment of Future Claims

5.1 The goods delivered shall remain property of BRAND until the complete and unconditional payment. Should BRAND still have further claims against the customer arising from the business relationship, BRAND shall then retain its property rights until payment of such claims has been effected.
5.2 The customer may neither use goods subject to retention of title nor combine them with other objects to which a third party may have rights. Should, however, goods subject to retention of title become, through their combination with other objects, part of a new (complete) item, BRAND shall be a proportional co-owner of this new item directly, even if this latter component is regarded as the main component. BRAND’s proportion of co-ownership shall be determined by the ratio of the invoice value of the goods to the value of the new item at the time of combination.
5.3 The customer may resell goods subject to retention of title in the course of his normal business as long as he has not assigned, pledged or otherwise encumbered his claims from the resale.
5.4 The customer shall assign to BRAND in advance as collateral any claims against his customers from the resale of the goods subject to retention of title (see Clause 5.3) and/or newly formed items (see Clause 5.2) to the value of BRAND’s invoice for the goods subject to retention of title. As long as the customer is not in default of payment for the goods subject to retention of title, he may collect the assigned claims in the ordinary course of business. He may, however, only use the proportional proceeds for the payment to BRAND for the goods subject to retention of title.
5.5 The customer shall be required to inform BRAND immediately of any attachments, seizures or any other third-party dispositions relating to the goods that are reserved or co-owned by BRAND.


3. Legal Reservation, Industrial Property Rights, Confidentiality

11.1 BRAND reserves ownership and all industrial property rights and copyrights to all moulds, tools or other devices, samples, pictures, and business and technical documents produced or provided by BRAND. This also applies where the customer has wholly or in part taken on the costs hereof. The customer may use these only in the manner agreed with BRAND. Without BRAND’s written consent, the customer may not himself manufacture contractual objects delivered or have the same manufactured by third parties.
11.2 Insofar as BRAND delivers goods according to the designs or other requirements specified by the customer (models, patterns etc.), the customer shall be liable to BRAND by default for ensuring that, through the manufacture and delivery of these goods, the industrial property rights or other rights of third parties are not infringed. If the customer is at fault he shall reimburse BRAND all damage resulting from any such infringement of rights.
11.3 Any information acquired from this business relationship and not deemed to be public knowledge must not be disclosed by the customer to third parties.