General Terms and Conditions

Cryonos GmbH, Gartenstraße 1, 55743 Idar-Oberstein, Germany
Version: 30 September 2026

English translation – for information only. This is a translation of the German original ("Allgemeine Geschäftsbedingungen"). Only the German version is legally binding. In the event of any discrepancy, the German version prevails.

Section 1 Scope and precedence

(1) These terms apply to all quotations, contracts, deliveries and services of Cryonos GmbH (hereinafter "we" or "seller"), regardless of whether the contract is concluded on the basis of a quotation prepared by us, via the online shop cryonos.shop, by email, telephone or fax.

(2) Our sales are directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB may order via the online shop in individual cases; for them, the specially marked provisions of these terms and the statutory consumer rights apply.

(3) Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, even if we do not expressly object to them or deliver without reservation in knowledge of them. They apply only if we have expressly agreed to their validity in text form.

(4) In the event of contradictions, the following order of precedence applies: individual agreement in text form, our order confirmation, our quotation, these terms.

(5) These terms also apply to all future transactions with the same customer without the need for renewed reference.

Section 2 Quotation and conclusion of contract

(1) Our quotations are subject to change unless they are expressly designated as binding. A written quotation prepared by us on request is binding for thirty days from the date of issue, unless another period is stated in the quotation.

(2) The presentation of goods in the online shop is not a binding offer but an invitation to submit an offer.

(3) By placing an order, the customer submits a binding offer. The contract is only concluded when we confirm the order in text form or dispatch the goods. An automated acknowledgement of receipt does not constitute acceptance.

(4) We are entitled to refuse an order without giving reasons, in particular in the event of lack of availability, insufficient creditworthiness or doubts about the intended use or the admissibility of an export.

(5) Information on dimensions, weights, capacities, holding times, evaporation rates and other technical characteristics are descriptions of performance, not guarantees of quality. They are based on manufacturer information and refer to the manufacturer's measuring conditions; values that deviate in practical operation do not constitute a defect insofar as the deviation is customary in cryogenics.

(6) Illustrations, drawings and samples are non-binding. Technical changes by the manufacturer that do not impair fitness for use remain reserved.

(7) We only assume a guarantee if we have expressly designated it as a "guarantee" in text form. Guarantees of the manufacturer remain unaffected (Section 10).

Section 3 Prices

(1) For entrepreneurs, all prices are net in euros, ex warehouse, plus statutory VAT, packaging, shipping and any insurance. For consumers, too, prices in the shop are stated net plus statutory VAT; VAT and shipping costs are shown separately during checkout before the order is placed.

(2) For deliveries to countries outside the European Union, customs duties, import VAT and other import charges may apply; these are borne by the customer. For intra-Community deliveries, the customer must provide its VAT identification number before the contract is concluded.

(3) If more than four months elapse between conclusion of the contract and the agreed delivery date, we are entitled to pass on increases in our purchasing, material, energy or transport costs to the customer to a reasonable extent. In the event of an increase of more than five percent, the customer is entitled to withdraw from the contract. This paragraph does not apply to consumers.

Section 4 Payment

(1) The following payment methods are available: advance payment by bank transfer, purchase on account, credit card, PayPal, Klarna, cash on delivery and money order. We do not charge any additional fee for cash on delivery. We reserve the right not to offer individual payment methods in individual cases.

(2) Purchase on account requires a successful credit check. For first orders, custom-made products and deliveries abroad, we may require advance payment or security.

(3) Invoices are payable without deduction within thirty days of the invoice date unless otherwise agreed. Receipt in our account is decisive for timeliness.

(4) If an entrepreneur is in default of payment, default interest at the statutory rate is payable. We reserve the right to claim further damages for default. For consumers, the statutory provisions apply.

(5) The customer is only entitled to set-off or retention if its counterclaim is undisputed, has been legally established, is ready for decision or arises from the same contractual relationship.

(6) If, after conclusion of the contract, we become aware of circumstances that significantly call into question the customer's ability to pay, we are entitled to carry out outstanding deliveries only against advance payment or security and to withdraw from the contract after setting a reasonable grace period.

(7) The assignment of the customer's claims against us to third parties is excluded without our consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.

Section 5 Delivery, delivery time, transfer of risk

(1) Delivery periods and dates are non-binding unless expressly agreed as binding in text form. Stated delivery times begin with the conclusion of the contract, in the case of agreed advance payment on the day after the payment order is issued, and require the timely clarification of all technical questions.

(2) Delivery is subject to correct and timely delivery to us by our own suppliers. We will inform the customer without delay of non-availability and refund any consideration already provided; further claims do not exist insofar as we are not responsible for the non-delivery.

(3) Partial deliveries are permissible insofar as they are reasonable for the customer. Each partial delivery may be invoiced separately.

(4) For entrepreneurs, the risk of accidental loss and accidental deterioration passes upon handover to the forwarder, carrier or other person designated to carry out the shipment, at the latest when the goods leave our warehouse. For consumers, the risk passes upon handover of the goods to the consumer.

(5) Large vessels and heavy goods are delivered as freight. The customer ensures that the delivery point can be reached by truck and that unloading is possible. Delivery is made to the kerbside unless otherwise agreed. Additional costs caused by missing unloading facilities, failed delivery attempts or waiting times are borne by the customer.

(6) If the customer does not accept the goods within thirty days of notification of readiness, we may charge a storage fee of one percent of the net value of the goods for each month or part thereof, but no more than five percent of the order value. The customer remains free to prove lower damage, and we to prove higher damage.

(7) The customer must inspect the goods for transport damage immediately upon receipt. Externally visible damage must be reported to the carrier without delay and confirmed in writing.

(8) The choice of shipping route, means of transport and carrier is ours unless otherwise agreed. Delivery times vary by product; a non-binding, typical delivery time is stated on the respective product page. Only the delivery time stated in our quotation or order confirmation is binding.

Section 6 Collection

(1) Collection of the goods by the customer is possible after prior consultation and by appointment. We will inform the customer of the collection point in each individual case; there is no entitlement to collection at a specific location.

(2) In the case of collection, the risk passes upon handover to the customer or the person commissioned by the customer. The customer is responsible for providing suitable means of transport and the equipment and expertise required to transport cryogenic goods.

Section 7 Retention of title

(1) The goods delivered remain our property until full payment of all claims arising from the business relationship.

(2) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us by way of security the claims arising from the resale in the amount of our invoice value. We accept the assignment. The customer remains authorised to collect the claim as long as it meets its payment obligations.

(3) Any processing or combination of the goods subject to retention of title is carried out for us without giving rise to any obligations on our part. In the event of combination with other items, we acquire co-ownership in proportion of the invoice value of the goods subject to retention of title to the value of the other items.

(4) The customer must notify us without delay of any access by third parties to the goods subject to retention of title and hand over the documents required for defence. The costs of an intervention are borne by the customer.

(5) If the value of the securities exceeds our claims by more than twenty percent, we will release securities of our choice at the customer's request.

(6) If the customer is in default, we are entitled, after withdrawing from the contract, to demand the return of the goods subject to retention of title. For this purpose, the customer grants us access to the premises in which the goods are located.

Section 8 Claims for defects against entrepreneurs

(1) The customer must inspect the goods immediately after delivery and report recognisable defects in text form without delay, at the latest within ten working days of delivery. Hidden defects must be reported without delay after discovery. If notification is not given, the goods are deemed approved (Section 377 HGB).

(2) The limitation period for claims for defects is twelve months from delivery. This does not apply to claims for fraudulently concealed defects, to claims for damages under Section 11 (1), or in the cases of Section 438 (1) No. 2 and Section 634a (1) No. 2 BGB.

(3) In the event of a justified complaint, we will, at our option, provide subsequent performance by repair or replacement. If subsequent performance fails twice, the customer may reduce the price or withdraw from the contract.

(4) The following are not defects: normal wear and tear, damage caused by improper handling, storage or maintenance, by failure to observe the operating instructions, by interventions of third parties, by corrosion, fire, exposure to heat or mechanical damage, as well as deviations of technical values within customary industry tolerances.

(5) Claims of the customer for expenses required for the purpose of subsequent performance are excluded insofar as the expenses increase because the goods were subsequently taken to a location other than the delivery address.

(6) Recourse claims of the customer under Sections 445a and 478 BGB exist only insofar as the customer has not made any agreements with its purchaser going beyond the statutory claims for defects.

Section 9 Claims for defects against consumers

For consumers, the statutory rights in respect of defects apply with a limitation period of two years from delivery. The restrictions of Section 8 do not apply to consumers.

Section 10 Manufacturer's guarantees

(1) The manufacturer Auguste Cryogenics grants independent guarantees for its products. These exist alongside the statutory rights in respect of defects and do not restrict them. The guarantor is the manufacturer, not Cryonos GmbH.

(2) According to the manufacturer's conditions, the following currently apply:

• Cryogenic vessels, dewars, freezers and liquid cylinders: twelve months from dispatch on material and workmanship
• Vacuum guarantee on these products: five years from dispatch, provided the manufacturer's maintenance requirements are met
• Electronic controls and displays of AC Medical products: two years from dispatch
• Storage tanks and MicroBulk tanks including control fittings and vaporisers: eighteen months from delivery or twelve months from commissioning, whichever occurs first
• Other parts, components and accessories: twelve months from dispatch

(3) Valves, fittings, regulators, measuring instruments, hoses and connections from third-party manufacturers are not covered by the manufacturer's guarantee. The guarantees of the respective manufacturers apply to these.

(4) The guarantee lapses in the event of unauthorised modification, improper use, repair by third parties, corrosion, fire, exposure to heat and normal wear and tear.

(5) We will provide the manufacturer's detailed guarantee conditions on request.

Section 11 Liability

(1) We are liable without limitation in the event of intent and gross negligence, injury to life, body or health, fraudulent concealment of a defect, to the extent of a guarantee assumed by us, and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation, our liability is limited in amount to the foreseeable damage typical for the contract at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

(3) Otherwise, our liability is excluded. This applies in particular to indirect damage, consequential damage caused by defects, loss of profit, business interruption and financial losses.

(4) Within the scope of paragraphs 2 and 3, liability for the loss of or damage to biological or other material stored in our products is expressly excluded. The customer is aware that stored material is often irreplaceable. The customer shall take suitable measures to prevent loss – in particular level monitoring, alarms, regular maintenance and redundant storage at a second location. A breach of this obligation shall be taken into account when assessing any claim for damages.

(5) The above limitations of liability also apply to the personal liability of our legal representatives, employees and vicarious agents.

(6) The above provisions do not involve a change in the burden of proof to the detriment of the customer.

Section 12 Returns, decontamination

(1) Returns require our prior consent in text form. We do not accept returns sent carriage forward.

(2) Vessels and accessories that have come into contact, or may have come into contact, with biological material must be professionally decontaminated before return. The customer confirms the decontamination in writing on the form provided by us. Without this confirmation, we are entitled to refuse acceptance and to return the goods at the customer's expense.

(3) If we take back goods as a goodwill gesture without a legal obligation, we may charge a handling fee of twenty percent of the net value of the goods for inspection, cleaning and restocking. We do not take back custom-made products or vessels that have been filled or put into operation as a goodwill gesture. The customer's statutory rights remain unaffected.

Section 13 Use, safety, export

(1) The products supplied may only be used as intended and by qualified personnel. The customer observes the operating instructions, the relevant safety regulations and the requirements for handling cryogenic liquefied gases.

(2) Information on approvals – in particular on the carriage of dangerous goods by road (ADR) and on versions under Regulation (EU) 2017/745 (MDR) – always refers to the specifically designated version and is based on information from the manufacturer. The customer is responsible for compliance with the regulations applicable at the place of use and transport.

(3) The customer is responsible for compliance with all applicable export, import, embargo and sanctions regulations and warrants that it will not supply the goods, directly or indirectly, to countries or persons for which a prohibition exists.

Section 14 Force majeure

(1) Events of force majeure release us from the obligation to perform for their duration and to the extent of their effect. Force majeure includes in particular natural events, war, official measures, epidemics, strikes and lockouts, operational disruptions, transport obstacles and shortages of materials and energy, in each case insofar as we are not responsible for them.

(2) We will inform the customer without delay, at the latest within five working days. If the event lasts longer than two months, both parties are entitled to withdraw from the contract.

Section 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. For consumers, this applies only insofar as mandatory consumer protection provisions of the state of their habitual residence are not restricted as a result.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship is Idar-Oberstein. We are also entitled to bring an action at the customer's general place of jurisdiction.

(3) The place of performance for all obligations is Idar-Oberstein unless otherwise agreed.

(4) Amendments and additions to these terms require text form. This also applies to the waiver of this form requirement.

(5) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.