General Terms and Conditions

Lumentify GmbH · Geschwister-Scholl-Str. 4 · 04600 Altenburg · Amtsgericht Jena, HRB 524934
Version: 1 October 2026

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts for deliveries and services of Lumentify GmbH ("we", "us") with customers. They apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers.

(2) By placing an order, the customer confirms that it is acting in the exercise of its commercial or independent professional activity. Before concluding a contract, we may request proof, for example a VAT identification number or a trade or commercial register extract, and may decline orders without such proof. For small quantities and private customers we refer to our sister brand lumentics.

(3) Our GTC apply exclusively. Deviating, conflicting or supplementary terms of the customer only become part of the contract if we have expressly agreed to their validity in text form. This also applies if we deliver without reservation in the knowledge of such terms.

(4) These GTC in their current version also apply to all future transactions with the customer without our having to refer to them again.

(5) Individual agreements made in a specific case, in particular in the quotation or the order confirmation, take precedence over these GTC.

§ 2 Quotation, order and order confirmation

(1) Presentations on our website, in data sheets and presentations do not constitute a binding offer. Our quotations are subject to change unless they are expressly designated as binding or contain a period for acceptance.

(2) The customer's order is a binding offer to conclude a contract. It should be made in text form and state the material, glow colour, particle size, quantity, packaging and requested delivery date.

(3) A contract is only concluded upon our order confirmation in text form (for example by e-mail). We may accept an order within 10 working days of receipt. If we deliver without a prior order confirmation, the contract is concluded upon delivery.

(4) The order confirmation is decisive for the content and scope of the contract. If it deviates from the order, we point out the deviation. It is deemed approved unless the customer objects in text form within five working days of receipt.

§ 3 Samples, specification and batches

(1) For specific project enquiries we provide samples, usually free of charge. In individual cases we agree a flat fee in advance. Samples serve the customer to test suitability (§ 11).

(2) The agreed specification results exclusively from the order confirmation and the product specification or technical data sheet referred to therein. Information in data sheets, on the website, in technical articles and in consultations describes the properties of the goods. It does not constitute a guarantee unless we expressly designate a statement as a guarantee in text form.

(3) Glow pigments are inorganic materials. For production reasons, variations between batches in daylight colour, particle size distribution and glow intensity cannot be technically ruled out. They remain within the usual ranges. Such deviations are reserved insofar as they do not impair usability for the contractually intended purpose. Fixed tolerance values only apply if they are expressly agreed in the order confirmation.

(4) The glow effect in the customer's finished product depends on factors we do not control, for example:

• carrier material, loading and layer thickness
• substrate and processing
• charging and ambient light

We are only responsible for a particular glow effect in the end product if this has been expressly agreed.

§ 4 Shelf life of the material (24 months)

(1) Our unprocessed material retains its afterglow capability in accordance with the agreed specification for 24 months from delivery if stored properly. Proper storage follows the safety data sheet: in the closed original container, cool, dry and well ventilated, protected from frost, heat, moisture and UV radiation.

(2) This shelf-life statement is a description of properties and not a guarantee within the meaning of Section 443 BGB. It applies only to the delivered, unprocessed material. It does not apply to products into which the customer or third parties have incorporated the material.

(3) If the customer claims a loss of afterglow capability, the customer must demonstrate proper storage in accordance with para. 1. The sample approved by the customer serves as the reference, viewed under identical charging and viewing conditions. We recommend that the customer keep the approved sample properly for this purpose.

(4) Notwithstanding § 9 para. 5, claims due to a loss of afterglow capability within the meaning of para. 1 do not become time-barred before the end of 24 months from delivery.

§ 5 Prices and payment

(1) All prices are net prices in euros plus statutory VAT. They apply ex warehouse Altenburg (FCA Altenburg, Incoterms® 2020) plus packaging, freight, insurance and any customs duties and levies, unless otherwise agreed in the quotation.

(2) Depending on the circumstances, such as order quantity, place of delivery or business relationship, we may offer free delivery in individual cases. It only applies if expressly agreed in the quotation or the order confirmation. It does not give rise to any entitlement to free delivery for later orders.

(3) We deliver first orders against prepayment. Thereafter, invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed. We may also require prepayment later if there are justified doubts about the customer's ability to pay.

(4) If the customer is in default of payment, it owes default interest at the statutory rate (Section 288 para. 2 BGB) and the lump sum under Section 288 para. 5 BGB. We reserve the right to claim further damages.

(5) The customer may only set off claims that are undisputed or have been finally established by a court. It may only assert a right of retention arising from the same contractual relationship.

§ 6 Delivery time and delay in delivery

(1) Delivery dates and delivery periods are non-binding unless we have expressly designated them as binding in the order confirmation. Depending on material and tint, the lead time is usually two to four weeks.

(2) Delivery periods only begin once all technical details have been clarified, in particular the customer's sample approval, and once agreed prepayments have been received.

(3) The delivery period is met if the goods have been handed over to the carrier or we have notified readiness for dispatch by the time it expires. Partial deliveries are permitted insofar as they are reasonable for the customer.

(4) Delay in delivery. We are only in default if a binding delivery date has been exceeded and the customer has sent us a reminder in text form. The customer may withdraw from the contract or claim damages in lieu of performance after setting us a reasonable grace period of at least 14 days without success.

(5) In the event of default, the customer may claim lump-sum damages of 0.5 % of the net value of the delayed delivery for each completed week of delay, up to a maximum of 5 %. Both parties remain free to prove higher or lower damage. Liability under § 10 for intent and gross negligence remains unaffected.

(6) Force majeure. In the event of circumstances for which we are not responsible, the delivery time is extended by the duration of the impediment plus a reasonable start-up period. Examples:

• natural events, epidemics, war
• industrial action
• official measures
• disruption of transport or energy supply
• shortage of raw materials

If the impediment lasts longer than three months, either party may withdraw from the part of the contract not yet performed.

(7) Self-supply. We have concluded a matching covering transaction with our upstream supplier. If, through no fault of our own, it does not supply us correctly or on time, we inform the customer without delay. In this case we may withdraw from the contract and refund any consideration already received without delay.

(8) If the customer does not accept the goods on time, we may store the goods at its cost and risk.

§ 7 Shipping and transfer of risk

(1) The risk passes to the customer when the goods are handed over to the forwarder or carrier, at the latest when they leave our warehouse. This also applies to partial deliveries, if we organise the transport and if free delivery has been agreed (§ 5 para. 2), unless otherwise agreed.

(2) We only take out transport insurance at the express request and expense of the customer.

(3) We deliver in containers of our choice, for example buckets, unless otherwise agreed.

§ 8 Duty to inspect and give notice of defects

(1) Section 377 of the German Commercial Code (HGB) applies. The customer must inspect the goods without delay after delivery, in any case before processing. In particular, it checks:

• quantity and packaging
• material, glow colour and particle size as per the order confirmation
• daylight colour and glow compared with the approved sample

(2) Obvious defects must be notified in text form within seven days of delivery, hidden defects within seven days of their discovery. Transport damage must also be reported to the carrier immediately.

(3) If the customer processes goods with a recognisable defect, claims arising from this defect are excluded.

§ 9 Claims for defects

(1) In the event of defects, we provide subsequent performance at our discretion by remedying the defect or delivering goods free of defects. If subsequent performance fails, the customer may reduce the price or withdraw from the contract.

(2) We only owe damages and reimbursement of wasted expenditure in accordance with § 10.

(3) In particular, there is no defect in the case of:

• deviations within § 3 para. 3
• consequences of improper storage or processing
• unsuitable carrier materials or insufficient loading
• processing of tinted pigments above approx. 150 °C
• fading of the daylight colour of tinted pigments under permanent UV exposure
• use outside the intended purpose (§ 11)

(4) The customer's rights of recourse against suppliers (Sections 445a, 478 BGB) remain unaffected.

(5) Claims for defects become time-barred twelve months after delivery. Exceptions are:

• § 4 para. 4 (shelf life)
• claims based on intent, gross negligence, fraudulent intent and injury to life, body or health
• claims under the German Product Liability Act
• the statutory periods for supplier recourse

§ 10 Liability

(1) We are liable without limitation:

• for intent and gross negligence
• for injury to life, body or health
• under the German Product Liability Act
• for fraudulent concealment of a defect
• insofar as we have expressly assumed a guarantee

(2) In the case of simple negligence, we are only liable for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies. Liability is then limited to the typical, foreseeable damage.

(3) Otherwise, liability is excluded. These limitations also apply in favour of our executive bodies, employees and vicarious agents.

§ 11 Intended use and product safety

(1) Raw materials for industrial processing. We supply photoluminescent raw materials: pigments, granules and glow stones. They are intended for processing by qualified commercial users. They are not ready-to-use products and are not intended to be supplied directly to consumers.

(2) Intended use is incorporation, in accordance with our technical information and the safety data sheet, into:

• lacquers, paints, coatings and printing inks
• plastics and masterbatch
• resins and silicones
• concrete and floor coatings
• comparable carrier materials

Photoluminescent materials serve orientation, marking and design. They are not a light source and do not replace lighting.

(3) Excluded uses. Without our prior express approval in text form for the specific purpose, the material must not be used:

• for supplying the unprocessed material to consumers, in particular to children. Unprocessed powder, granules and glow stones do not belong in children's hands; glow stones and granules pose a risk of swallowing and choking;
• as a toy or in toys, unless the toy manufacturer itself carries out the required conformity assessment for its product, for example under the Toy Safety Directive and the EN 71 series of standards;
• in or for food, feed, food contact materials, medicinal products, medical devices, cosmetic products, tattoo inks and products for application to the skin or for ingestion;
• as a replacement for lighting or safety lighting;
• for safety signage and escape route systems that must comply with standards or official requirements, unless the customer itself verifies and demonstrates compliance. We do not assume conformity with standards unless expressly agreed;
• in safety-critical applications where a failure or reduction of the afterglow could lead to personal injury or significant damage to property, for example in aerospace, vehicle safety components or medical technology.

(4) Customer's responsibility. The customer is responsible for ensuring that:

• it tests the suitability of the material for its specific purpose before series processing, in particular by means of samples;
• its end product complies with all applicable regulations, in particular the General Product Safety Regulation (EU) 2023/988, its obligations as a downstream user under REACH, classification and labelling under CLP and the special regulations applicable to its product;
• it provides its end product with the necessary instructions for use and warnings, for example "not a replacement for lighting" or warnings about small parts;
• it follows the instructions in the safety data sheet when handling the material, in particular avoiding dust, avoiding skin contact with the raw pigment and keeping the material out of reach of children;
• it passes on the information in paras. 2 to 4 to its customers if it resells the material unprocessed.

(5) Advice. We provide application advice to the best of our knowledge based on our experience. It is non-binding and does not release the customer from its own suitability testing under para. 4.

(6) Indemnification. The customer indemnifies us against third-party claims based on use contrary to para. 3 or a breach of its obligations under para. 4, insofar as the customer is responsible for this. Our mandatory liability under the German Product Liability Act remains unaffected.

§ 12 Retention of title

(1) The goods remain our property until all our claims arising from the business relationship with the customer have been paid.

(2) The customer may process and sell the goods subject to retention of title in the ordinary course of business. Processing is carried out for us as manufacturer. If processed with goods belonging to others, we acquire co-ownership in the ratio of the value of our goods to the value of the other processed goods.

(3) The customer hereby assigns to us all claims arising from the resale of the goods subject to retention of title or the products made from them in the amount of our invoice value. It remains authorised to collect them as long as it meets its payment obligations.

(4) If the realisable value of the securities exceeds our claims by more than 10 %, we release securities of our choice at the customer's request.

§ 13 Deliveries abroad

For deliveries outside Germany, the customer is responsible for compliance with the import, customs and product regulations in the country of destination. The customs tariff number we state (3206 50 00 according to the safety data sheet) is for guidance only and is not a binding tariff information.

§ 14 Confidentiality

Both parties treat specifications, formulations, samples, prices and other non-public information received in the course of the business relationship as confidential. They use this information only for the performance of the contract.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for all services is Altenburg, unless otherwise agreed.

(3) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Altenburg if the customer is a merchant, a legal entity under public law or a special fund under public law. We may also bring an action at the customer's general place of jurisdiction.

(4) If individual provisions are invalid, the validity of the remaining provisions remains unaffected.

(5) These GTC are available in German and English. In the event of discrepancies, the German version prevails.