General Terms and Conditions (GTC)

1. Scope and Application

These General Terms and Conditions (GTC) apply to all business relationships between you and Fiberfoam AG, Ipsachstrasse 10, 2560 Nidau, Switzerland, info@fiberfoam.net (hereinafter referred to as “we”, “us”, or “our”), in particular with regard to the sale of products via our online shop as well as the manufacture and delivery of custom-made products.

Our products may either be ordered as standard products via our online shop or manufactured as custom products according to individual specifications.

We reserve the right to amend these GTC at any time. The version of the GTC valid at the time of acceptance of our quotation shall apply. Any individual agreements concluded between you and us shall take precedence over these GTC. Your general terms and conditions, as well as any deviating or conflicting terms and conditions, shall not apply to the relationship between you and us and are hereby expressly excluded.

2. Note before accepting an offer

Please read these GTC and the following provisions carefully before accepting our offer or signing our service report. By accepting our offer or signing our service report, you agree to the provisions of these GTC as well as to our Privacy Policy.

You further expressly confirm that you are authorised to enter into legally binding agreements on your own behalf and/or on behalf of a third party (e.g. your employer, the recipient of the services, or the recipient of the products).

3. Conclusion of Contract

3.1 Online Shop

The presentation of our products in the online shop does not constitute a legally binding offer. Our online shop is a non-binding online catalogue and therefore merely an invitation to place orders for the products offered therein. We reserve the right to change products and content (e.g. images, prices, descriptions, etc.) at any time and without prior notice. Please note that all illustrations, images, advertising materials and other information relating to our products are provided for informational purposes only and are not binding.

After you have placed a binding order, you will immediately receive an automated order confirmation. The order confirmation contains the details of your order as well as a copy of the GTC. We recommend that you save the order confirmation and, in particular, the GTC on your device. By submitting your order, you confirm that you have read the GTC and agree to them without reservation.

A binding purchase agreement is only concluded upon our acceptance of your order. Acceptance shall in any case occur upon dispatch of the ordered products.

Following your binding order and acceptance of the GTC, we are free to accept your order at our discretion or to reject or cancel it by sending you a corresponding notification by e-mail, without assuming any liability towards you or any third party.

In particular, the following circumstances, as well as other important reasons, may constitute valid grounds for rejection or cancellation: a product is no longer available; payment authorisation cannot be obtained; payment is not received; you breach these GTC; or you engage in fraudulent and/or other criminal activities.

3.2 Custom-Manufactured Products

Outside the online shop, a contract between us is concluded if you submit an enquiry by telephone or in writing and we subsequently provide you with an offer which you accept within the time period specified in the offer.

Our written offers are valid for 30 days from the date of issue, unless a different validity period is stated in the offer. By accepting the offer in writing, you agree to the services described therein under the stated conditions and subject to the provisions of these GTC. Unless otherwise agreed, e-mail communications shall be deemed equivalent to written form.

A binding agreement between us shall only come into effect upon our written confirmation of the order or upon commencement of the performance of the services. By accepting the offer, you confirm that the technical details, specifications, prices and delivery conditions contained therein are correct.

4. Custom-Manufactured Products

We are obliged to perform the agreed services with due care, diligence and loyalty. Our services shall be provided to the best of our knowledge and in accordance with our professional expertise and experience. We undertake to employ qualified and professionally competent personnel and to supervise and monitor them in the performance of the services.

We are entitled, at our discretion, to engage third parties for the fulfilment of the order or the provision of services. In such cases, we shall ensure that the contractual obligations applicable to us are also binding upon such third parties and are complied with by them.

Products manufactured according to your individual requirements are based on the information and technical specifications provided by you.

These include, in particular:

• technical drawings
• design specifications
• material requirements
• operating conditions
• load requirements
• information regarding the intended use.

You are obliged to carefully review all technical drawings, specifications, calculations or other documents prior to the start of production. By accepting our offer or approving the technical documentation, you confirm that the information contained therein is complete, correct and suitable for the intended purpose.

We shall not be liable for damages, functional impairments or design defects resulting from products manufactured on the basis of incorrect, incomplete or unsuitable specifications, drawings or other information.

You are responsible for ensuring that all information provided by you is complete, accurate and suitable for the manufacturing process. Any changes to the agreed specifications after conclusion of the contract may lead to adjustments to the remuneration, the production schedule and the delivery dates.

We shall not be liable for errors or defects resulting from incomplete, incorrect or unclear information provided by you.

5. Technical Specifications and Material Tolerances

Our products are manufactured using industry-standard production methods and in accordance with applicable technical standards.

In the manufacture of components made from fibre-reinforced composite materials or foam materials, certain production-related tolerances may occur. Such tolerances may in particular relate to:

• dimensions
• weight
• material structure
• material density
• surface characteristics
• visual appearance.

Such technically unavoidable deviations shall not constitute a defect, provided that they do not materially impair the functionality or the intended use of the product.

6. Use of the Products

You are solely responsible for the proper use of the products supplied by us. Before using or installing our products, you are obliged to independently verify that the product is suitable for the intended purpose and complies with the applicable technical requirements. In particular, you are required to ensure that:

• the products are installed properly and professionally;
• all safety-related requirements are complied with;
• the products are used only within their intended field of application.

Prior to installing or integrating our products into a technical system, you are obliged to carry out appropriate inspections and functional tests to ensure that the products meet the structural, static and safety-related requirements of the intended system of use.

If installation, integration or use takes place without such prior verification, this shall be at your own responsibility. We shall not be liable for any damage or impairment resulting from improper use, installation or maintenance.

7.  Further Processing of the Products

If our products are further processed, modified or integrated into other systems by you or by third parties, this shall be done at your own responsibility. You are obliged to carry out appropriate tests, quality controls and functional checks prior to any further processing. We shall not be liable for any damages or functional impairments resulting from such further processing, unless a demonstrable material defect or manufacturing defect attributable to us exists.

8. Use in the Maritime Sector / Masts / Sailing Applications

Our products may be used in maritime environments, in particular on boats, vessels or sailing yachts, as well as in structural components such as masts or other parts that are exposed to significant mechanical loads.

You acknowledge that such applications may be subject to particular stresses, including in particular:

• high tensile and compressive forces
• cyclical loads caused by sailing forces
• dynamic loads caused by wind and waves
• material fatigue due to repeated loading
• environmental influences such as salt water, UV radiation, humidity or temperature fluctuations.

Such influences may result in material wear or a reduced service life of components. Such usage-related changes or signs of wear shall not constitute a defect and shall not give rise to any warranty claims.

You are obliged to regularly inspect the components in use and, where necessary, carry out maintenance or replacement measures. Such inspections must in particular be carried out for structural components that are exposed to recurring or dynamic loads. If such regular inspections or maintenance measures are not carried out, any resulting damages shall be excluded from warranty.

Products used in sporting activities or competitions – in particular in sailing, regattas, training or comparable high-performance applications – are regularly exposed to exceptional and difficult-to-predict stresses. Damage, material fatigue, structural changes or other impairments resulting from such sporting or competition-related stresses shall not constitute a defect and shall not give rise to any warranty claims.

The use of our products in sporting competitions or high-performance applications is therefore at your own risk.

9. Use in Technical Systems

Our products may form part of complex technical systems or constructions, in particular in maritime applications such as boats, vessels, sailing yachts, masts or comparable structural applications. You are solely responsible for the planning, design, integration and technical configuration of the overall system into which our products are installed or integrated.

We shall not be liable for any damages or functional impairments resulting from our products being integrated into an unsuitable, improperly designed or inadequately dimensioned system. In particular, we shall not be liable for structural damage, material failure or other impairments arising from the interaction of our products with other components, materials or constructions.

You are obliged to carry out, or have carried out, appropriate tests, calculations and safety-related assessments before using our products within technical systems. Responsibility for the structural, static and functional design of the overall system lies exclusively with you or with the qualified professionals appointed by you.

10. Prices and Shipping Costs

The products and prices generally correspond to those indicated on our website. All prices are stated in CHF (Swiss francs) and are exclusive of statutory value added tax (VAT) unless expressly stated otherwise. The applicable VAT will be charged in addition to the stated price and will be shown separately on the invoice. The total price of the order, including any additional charges and shipping costs, will be displayed at the end of the ordering process.

For custom-manufactured products or customer-specific services, the prices stated in the respective offer, order confirmation or agreed order shall apply.

International shipping may be available. Any additional costs, in particular customs duties, import charges or other country-specific levies, shall be borne by you.

By placing a binding order, you confirm that you agree to the total price displayed for your order. We reserve the right to adjust or change prices at any time. The price applicable at the time of the binding order or the acceptance of our offer shall be decisive.

11. Payment Terms / Credit Checks

Orders are generally due for payment immediately. You may pay the total price using the payment methods indicated in the online shop or as specified in the order confirmation or offer. We reserve the right not to offer certain payment methods in individual cases. In such cases, we will refer you to alternative payment methods.

By selecting a payment method, you authorise the payment either by entering your credit card details or the access data of a payment service provider. You authorise us to collect or debit payments in the corresponding amount. In the event of chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. Under no circumstances shall we be liable for any fees and/or other amounts charged to you by your card issuer or your bank in connection with the processing of your payment.

You expressly authorise us to carry out credit checks at our discretion and, for this purpose, to transmit your data to third parties. If payment is made by credit card or by an alternative payment method, we reserve the right to verify the validity of the relevant card, to check availability parameters and address details, and to request authorisation from the card issuer or payment provider. You further confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, we reserve the right in any case to cancel the order and refuse shipment of the products. In such case, you will be notified by e-mail.

If we offer payment by invoice or advance payment, you will receive the invoice and payment slip either in advance by e-mail or together with the ordered products. Payment must be made using the payment slip and within the specified payment period. If payment is not made within the specified period, we are entitled to cancel the delivery (advance payment). If payment on invoice is not made within the specified period and no payment is received even after a payment reminder, we are entitled to charge reminder fees of CHF 25.00 per reminder. In addition, we may charge any further costs associated with debt collection as well as the statutory default interest. If the initiation of debt enforcement proceedings becomes necessary, we will charge an additional administrative fee of at least CHF 200.00.

12. Delivery / Shipping / Transfer of Risk

Unless expressly agreed otherwise, delivery and shipment of our products shall be made ex works (EXW Nidau, Switzerland).

Shipment of the goods shall be at your cost and risk. The risk of accidental loss or accidental deterioration of the goods shall pass to you at the latest upon the goods leaving our premises or upon handover of the goods to the transport service provider. This shall also apply where the transport is organised or arranged by us. Transport insurance shall only be arranged upon your express request and at your expense.

Transport and packaging shall be carried out at our reasonable discretion unless specific arrangements have been agreed.

You are obliged to inspect the goods immediately upon receipt for any transport damage. Any damage or loss must be reported without delay to the responsible transport service provider and properly documented. If you fail to make such a report or documentation, any resulting claims against the transport service provider or against us may be excluded.

Delivery dates are generally non-binding estimates unless they have been expressly agreed in writing as binding.

13. Retention of Title

The delivered products shall remain our property until full payment of all claims arising from the business relationship has been received. We are entitled to register the corresponding retention of title in the competent register.

14. Right of Withdrawal

A right of withdrawal shall only exist to the extent provided by applicable law. A right of withdrawal is excluded for products manufactured according to individual specifications or clearly tailored to your specific requirements.

15. Warranty / Notice of Defects

We warrant that the products conform to the agreed specifications and are free from defects that materially impair their value or suitability for the intended use.

Upon receipt, you are obliged to inspect the products without delay for correctness, completeness and any possible damage. Any errors or damage must be reported to us within five (5) working days. Defects that could not have been detected during a proper inspection and that only become apparent later must be notified to us in writing immediately upon discovery. If you fail to inspect the products and/or notify us of defects without delay, the products shall be deemed approved and you shall no longer be entitled to assert any claims against us.

Your warranty claims are limited to replacement delivery or repair, to the exclusion of all other claims, in particular rescission of the contract, price reduction or compensation for indirect damages and consequential damages. We shall decide at our sole discretion whether to provide replacement delivery or repair.

Unless expressly agreed otherwise between the parties, repairs shall generally be carried out at the registered office of Fiberfoam AG in Nidau. For this purpose, you must return the defective product to our premises.

The return of the defective product shall initially be at your cost and risk. If, upon examination, it is determined that a valid warranty claim exists, we will reimburse you for the reasonable costs of returning the product.

If replacement delivery or repair fails, you shall be entitled – and only in the case of material defects – to withdraw from the contract.

Damage to the product caused by you, for example through improper handling, improper installation, improper use or further processing, shall not constitute a defect and shall not be covered by the warranty. When using our products, you must strictly comply with the relevant technical descriptions, specifications and instructions.

For complaints or questions, a corresponding notification form is available on our website. Please send the completed form – in particular including a description of the defect and any other helpful information – to the following address:

Fiberfoam AG, Ipsachstrasse 10, 2560 Nidau, Switzerland, info@fiberfoam.net

The defective product must be returned to the above address together with the completed notification form.

16. Liability

We shall only be liable for damages that have been demonstrably caused by our wilful misconduct or gross negligence. Liability for slight or ordinary negligence, as well as for indirect damages and consequential damages – regardless of whether they arise from contract, tort or any other legal basis – is expressly excluded. Indirect damages include, in particular, loss of profit, financial losses, production downtime, loss of use, reputational damage and damages resulting from temporary impairments or interruptions in the use of our products or services.

Any liability for damages resulting from improper use, installation, further processing, integration into other systems or improper handling of the products or components supplied by us is excluded. This applies in particular to damages arising in connection with the use of our products in complex technical systems, constructions or installations.

Furthermore, we shall not assume any contractual or non-contractual liability for damages caused by auxiliary persons engaged for the performance of our services.

The above exclusions and limitations of liability shall not apply in cases of culpable injury to life, body or health caused by us, or in cases of mandatory statutory liability, in particular under the provisions of the Swiss Product Liability Act.

Subject to the foregoing provisions and to the extent permitted by law, our total liability – irrespective of the legal basis – shall be limited to the amount of the remuneration paid by you for the respective delivery or service. To the extent permitted by law, our liability shall additionally be limited to the coverage amount of our existing business and product liability insurance.

We shall not be liable for any failure or delay in the performance of our contractual obligations if such failure or delay is caused by events beyond our reasonable control (force majeure). Events beyond our control include, but are not limited to, strikes, protest actions, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, failures of public or private communication networks, or the unavailability of rail, shipping, air or road transport routes or other means of transport.

If a force majeure event occurs that affects our performance under the contract, we will inform you as soon as reasonably possible.

17. Data Protection / Intellectual Property Rights

We collect and process personal data exclusively within the framework of the applicable legal provisions, in particular in compliance with the applicable data protection laws. Further information regarding the processing of personal data, your rights and related matters can be found in our Privacy Policy, which forms an integral part of these GTC.

All rights to technical concepts, constructions, designs, drawings, plans, documentation or other work results created in connection with our products or services shall remain exclusively with Fiberfoam. Without our prior written consent, such documents may neither be reproduced, disclosed to third parties nor used for any other purposes. This applies in particular to technical documentation or designs relating to custom-developed or custom-manufactured products. We therefore retain all intellectual property rights to which we are entitled in their entirety.

18. Severability

Should any provision of these GTC be or become unlawful, invalid or unenforceable, the validity of the remaining provisions shall not be affected. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the invalid provision and the intention of the parties at the time of the conclusion of the contract. The same shall apply to any gaps in these GTC.

19. Governing Law and Place of Jurisdiction

These GTC, the contractual relationships based upon them and any disputes arising therefrom shall be governed exclusively by substantive Swiss law, excluding the conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising out of or in connection with these GTC shall be our registered office, unless mandatory statutory provisions provide otherwise.

Fiberfoam AG, March 2026