Section A – General Conditions

1.

Scope of Application

1.1

These General Conditions for the Mail Order Business (in the following "Mail Order General Terms and Conditions") apply to consumers pursuant to § 13 BGB (Bürgerliches Gesetzbuch – German Civil Code) for all contracts concluded with us, the company

HanseNautic GmbH
Herrengraben 31
20459 Hamburg

HRB 29481 Amtsgericht Hamburg
Managing Directors: Thomas Hornig, Björn Woge

by the use of means of distance communication (e.g. e-mail, telephone calls or fax) or in our Online-Shop in respect of the purchase and supply of all goods available from HanseNautic GmbH, in particular paper sea-charts, navigation manuals, electronic sea-charts and other electronic data carriers with nautical contents as well as navigation systems/navigation tools (in the following "the goods") as well as the supply of other services.

For all contracts concluded with the consumer in presence of the parties, e.g. in our shop, the General Terms and Conditions for Supply and Services of Hansenautic GmbH – applicable to consumers – and published at www.hansenautic.de – Terms & Conditions apply exclusively.

To enterprises within the meaning of § 14 Subs. 1 BGB (Bürgerliches Gesetzbuch – German Civil Code), public law corporations and public law trusts within the meaning of § 310 Subs. 1 BGB these Mail Order General Terms and Conditions only apply for contracts concluded in our Online-Shop. For contracts concluded by the use of means of distance communication (e.g. e-mail, telephone calls or fax) or in presence of the parties the General Terms and Conditions for Supply and Services of Hansenautic GmbH – applicable to merchants – and published at www.hansenautic.de – Terms & Conditions apply exclusively.

1.2

These Mail Order General Terms and Conditions regulate the conclusion of individual contracts, the resulting rights and obligations and its performance. The Conditions made known at the time of ordering the goods at www.hansenautic.de – Terms & Conditions apply.

1.3

These Mail Order General Terms and Conditions apply exclusively. We do not accept conflicting, different, supplementary and/or conditions digressing from our Mail Order General Terms and Conditions. Such conditions not become part of the contract unless we have specifically agreed to their application.

1.4

Our Mail Order General Terms and Conditions also exclusively prevail if we supply to you without any reservations in awareness of conflicting, different, supplementary and/or Conditions digressing from our Mail Order General Terms and Conditions.

1.5

If you order as Consumer pursuant to § 13 BGB the Terms in Section B apply in addition to the Terms in this Section A.

1.6

You are deemed Consumer if, as an individual, you conclude a legal transaction with us (e.g. a purchase) which does not form part of your business activities nor your independent professional activities. You are also deemed Consumer if you carry on a business and the goods do not serve your operative or commercial purposes.

1.7

If you order as a Merchant within the meaning of § 14 sub-sec. 1 BGB, as public law corporate entity or public law trust within the meaning of § 310 sub-sec. 1 BGB the terms of Section C apply exclusively in addition to the Terms of this Section A.

1.8

You can print these Mail Order General Terms and Conditions at www.hansenautic.de – Terms & Conditions or store them in a reproducible format. Furthermore, we will send these Mail Order General Terms and Conditions to you by e-mail together with the order confirmation.

2.

Conclusion of the Contract

2.1

The contract is only concluded when sending you an order confirmation by e-mail. With your order you submit a binding offer to conclude the contract with you. If you order the goods in our Online-Shop, the provisions concerning the conclusion of the contract under Section A no. 2.2 apply supplementary.

2.2

When you have found the product you were looking for you can put this into the shopping basket without making a commitment by clicking on the trolley icon. You may, at any time, inspect the contents of the basket without any commitment by clicking on the button "shopping basket". You can delete the products by marking the area "delete" behind the product and clicking on the area "update". If you wish to purchase the products in the shopping basket, click on the button "checkout".

The process of ordering comprises various steps. in a first step log in directly at "I am already a customer" with your access data or you may first set up a customer account with the first order by logging in your customer data at "register now". Thereafter you will be given "dispatch options" as well as "method of payment" with the possibility to choose amongst various options. The third step of your order is shown to you with all data at "place an order". Here you can check on all details including method of dispatch and method of payment, delete or amend. Input data errors can also be corrected by you by interrupting and re-starting the process of ordering. The order is made by sending it to us by operating the button "order confirmation" at the end of the order form. Thereafter you first obtain a confirmation of the receipt of your order. This confirmation is not yet the acceptance of your order. By sending the subsequent order confirmation which you receive within 48 hours after mailing your order we can accept the offer (your order) to conclude the contract.

Your log in data which you determine yourself at your initial registration are to be kept confidential.

2.3

If a contract is concluded with us in accordance with these Mail Order General Terms and Conditions its contents, form and the volume of the services owed by us are exclusively governed by these Mail Order General Terms and Conditions as well as the individual contract concluded with us in writing. All additional agreements or subsequent amendments are only binding if expressly confirmed by us in writing.

3.

Storage of Contract Wording

Your order and your order details are stored in your personal customer account. We send you an order confirmation with all details to the e-mail address indicated by you in the order.

If you order in our Online-Shop you have at any time access to your customers account via your log in data. There you may print out the order with all recorded data. Furthermore you can print out your order directly after completion of the order on the next following confirmation sites.

4.

Data Protection

4.1

Those personal data which are necessary for the due performance of the business transaction such as name, address, postal address, delivery address, telephone no. or e-mail address are used and processed exclusively within the applicable data protection legislation for the purpose of the performance of the contracts of sale and purchase.

4.2

In order to execute your order we have to store particular data. These are, in the first instance, your address or further data necessary for particular methods of payment. In the context of your order your address data are being allocated to the respective order data (item, quantity, price etc.). Your e-mail address or fax no. is being used for the transmission of the order confirmation, our Mail Order General Terms and Conditions and other information exclusively related to your order.

4.3

When processing the order data in individual steps your data will only be passed on to entities, which support us with the order processing. All data relevant to the shipment are passed on to our shipment service suppliers and deleted after delivery. Otherwise your personal data will be treated by us confidentially.

4.4

With your consent which we obtain separately from you we use your data for our advertising, for example, the posting of newsletters by e-mail or catalogues of goods by post. You can cancel the supply of this information at any time by telephone, e-mail, fax or post. Upon receipt of your objection we shall stop any further mailing of advertising material immediately.

4.5

You are entitled under the Federal Data Protection Act (Bundesdatenschutzgesetz) to correction, blocking and deletion of your data stored on one of our data files in certain circumstances. In any case you are entitled to information.

Section B – Mail Order General Terms and Conditions for Consumers

1.

Scope of Application

1.1

These Mail Order General Terms and Conditions in Section B apply supplementary to the Conditions in Section A only relation to Consumers pursuant to § 13 BGB (in the following: "Customer").

1.2

Please especially note the Consumer information within the meaning of § 312 c subs. 1 BGB in connection with article 246 §§ 1 und 2 EGBGB as well as pursuant to § 312 e subs. 1 first sentence BGB in connection with article 246 § 3 EGBGB under Section A no. 1.1 (identity of your contracting partner and significant essential characteristics of the goods), no. 2 (conclusion of contract) and no. 3 (storage of contract wording). Please also note our information regarding your right of withdrawal contained in Section B in no. 2 below as well as the information on data protection in Section A no. 4.

2.

Withdrawal

Instructions on withdrawal

2.1

Right of Withdrawal

If you conclude this Contract as a Consumer you can withdraw your declaration within of 14 days in text form (e.g. letter, fax, e-mail) without any reasons or – if the item is handed over to you prior to the expiration of the time limit – by returning the item. The time limit commences upon receipt of this instruction in text form, however, not before receipt of the goods by the receiver (in the event of repeated supply of similar goods not before the receipt of delivery of the first instalment) and also not before the fulfilment of our duty to inform pursuant to article 246 § 2 in connection with § 1 subsec. 1 and 2 EGBGB as well as our duties pursuant to § 312 e subs. 1 first sentence BGB in connection with article 246 § 3 EGBGB. To keep the time limit for withdrawal the timely dispatch of the withdrawal or the item is sufficient. The withdrawal is to be directed to:

HanseNautic GmbH
Herrengraben 31
20459 Hamburg
Fax: +49(0)40-374842-42
E-Mail: info@HanseNautic.de

2.2

Effect of Withdrawal

In the event of a valid withdrawal the supplies received by other party are to be returned including any benefits made (e.g. interest) if any. If you are unable to return the supplies received to us fully or in part or only in deteriorated condition you may have to compensate us for the value. This does not apply in the event of supplier items if the deterioration of the item was exclusively due to an examination, as, for example, would have been possible to you to do in the shop. Otherwise, you can avoid the obligation to compensate for a deterioration caused by the use of the item in accordance with its intended purpose by not using the item as if it were your property and by avoiding everything that might impair its value insofar.

Items capable of being dispatched as packages are to be returned to us at our risk. You have to bear the costs of the returning if the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed the sum of EUR 40.00 or, if the price of the item is higher, you have not provided the consideration or a contractually agreed part payment at the time of the withdrawal. Otherwise, the return is free of costs to you. Items not capable of being dispatched in packages are being collected at your place. Obligations to reimburse payments must be fulfilled within of 30 days. For you the time limit commences with the dispatch of your declaration of withdrawal or the item; for us it commences with receipt of either.

End of instructions of withdrawal

3.

Prices and Transport Costs

3.1

The prices for sea-charts, navigation manuals, beacon registers, text books as well as other print media from domestic producers or publishers are determined by the hydrographically authorities and the respective publishers for domestic supplies. In the event of domestic supplies the prices for German books are almost exclusively subject to the controlled price for publishing products which we are obliged to comply with on the basis of the German "Book Retail Price Maintenance Act" – the Act – ("Buchpreisbindungsgesetz"). In respect of domestic print media subject to the Act the price at the time of delivery applies provided at the time of the order the edition ordered is no longer available from the producer or the publisher.

3.2

Otherwise, the price at the time of the order applies. If, in the event of agreement on a delivery date or a delivery term this is exceeded beyond four months counting from the date of the order confirmation or the delivery is delayed beyond four months counting from the date of the confirmation of the order for reasons for which the Customer is solely responsible or for reasons which are within the Customer’s sphere of risk, this, too, entitles us to charge the price applicable on the day of delivery. If the price increases beyond 5 % the Customer is entitled to rescind. This right is forfeited unless exercised within a time limit of two weeks, counting from the date of notification of the new price.

3.3

All our prices are in Euro; as an exception of also in USD. The German statutory VAT applicable at the time of delivery of the respective goods is included. VAT is charged to all Customers resident in an EU-state or a third country if this is in compliance with the VAT-laws in the country of delivery. Our invoices are issued for the gross price and show the statutory VAT at the end of the invoice.

3.4

Shipping costs are charged pro rata in accordance with our current price lists. This does not include nautical equipment (in particular sextants, binoculars, hand-bearing compasses) as well as videos, DVDs and software which, upon your request, are delivered as insured parcel and charged on an actual cost basis. The shipment costs lump-some rule does not apply to shipping methods other than the usual shipping, in particular UPS-deliveries, express deliveries and registered deliveries. These are charged separately on cost basis.

3.5

The risk of export restrictions in relation to import into countries outside Germany to be borne by the Customer. The Customer is responsible for the proper payment of the required customs and duties as well as import duties.

4.

Specifics in Respect of Sale and Supply of Sea Charts

4.1

The official German and British paper sea-charts supplied by us are being corrected manually by ourselves during storage and supplied to the Customer in the updated version documented by seal. Official German paper sea-charts are updated exclusively on the basis of the "Notices for Seafarers" issued by the "Bundesamt für Seeschifffahrt und Hydrographie" (Federal Agency for Navigation and Hydrography) and the official British paper sea-charts are exclusively updated on the basis of the „Notices to Mariners" issued by the British Admiralty.

4.2

Official paper sea-chart issued by hydrography agencies and countries other than the official German and British paper sea-charts referred to in § 4.1 will only be updated by ourselves upon the Customer’s special instructions. In this case the updating is done exclusively on the basis of the notices to seafarers of the respective hydrography agency of the respective country. The charges of this separately ordered update is always invoiced on the basis of actual costs.

4.3

Official or non official electronic sea-charts are supplied as digital data media or, as the case maybe, pre-installed on hardware or in any other form. The correction of electronic sea-charts is not performed by ourselves but will be done exclusively by the respective producer in irregular intervals. The supply with corrected and updated electronic sea-charts through us is done either on the basis of a separate order by the Customer or under a subscriber service contract if one is concluded by the Customer. Please note that because of the afore stated reasons and for insurance reasons electronic sea-charts do not substitute paper sea-charts.

4.4

The correction of leisure craft charts is excluded.

4.5

All corrections done by ourselves are made by trained personnel.

4.6

The none-official sea-charts, electronic or paper sea-charts supplied by ourselves do not substitute official sea-charts. They are only navigational aids to facilitate the use of official sea-charts. The use of navigational aids is solely the Customer’s responsibility.

5.

Prices

5.1

Unless indicated otherwise in our order confirmation or our written offer the purchase price is due without deductions within 14 days counting from the invoice date. In the event of delay we are entitled to charge default interests at a rate of 5 % points above the base rate of the European Central Bank. We reserve the right to prove and claim higher damages for delay.

5.2

With regard to supplies within Germany the Customer pays at his/her choice per direct debit (up to an amount of € 300), credit card, cash on delivery or cash in advance. In event of supplies abroad the Customer pays at our option by credit card or cash in advance.

5.3

Any trade discount is subject to a separate written agreement.

5.4

The Customer is only entitled to a set-off if his/her counter claims have been established as final and absolute or if they are undisputed or acknowledged by us.

5.5

A Customer is only entitled to exercise a retention right pursuant to § 273 BGB if the respective counter claims are based on the same contractual relationship.

6.

Supply and Delivery Time

6.1

Compliance with our obligation to supply is subject to the timely and proper fulfilment of your obligations. The plea of non-performance of the Contract is reserved. If cash on delivery was agreed delivery will only be made following receipt of payment into the bank account indicated by us unless you can exercise a right of retention pursuant to no. 5.5 of these Mail Order General Terms and Conditions.

6.2

The agreement of delivery dates or delivery deadlines is only binding if expressly so agreed and the date or the term has been confirmed by us in writing.

6.3

Agreed deadlines start with the date of the order confirmation, however, not prior to the fulfilment of your obligations of advance performance, if any.

6.4

An obligation to delivery on our part only arises if we confirm the order and deliverability of the goods in writing. Deliverability of the goods in our catalogues is subject to the reservation that we hold the goods ordered in stock and that at the time of the requested delivery they are available from the respective producer which, e.g. cannot be confirmed the event of new editions.

6.5

A delivery obligation is subject to the correct and timely supply to us by our suppliers. This only applies, however, if we are not responsible for the non- or delayed delivery and have concluded a matching cover transaction with our supplier. If we are not responsible for not being able to deliver the goods ordered we are entitled to rescind the Contract with you in which case you shall be notified immediately that the goods ordered are not available. Your legal claims remain unaffected. Any purchase payment made shall be reimbursed forthwith.

6.6

If we have the goods ordered in stock and have not bindingly agreed on a delivery date or a delivery deadline we hand over the goods within approximately 10 days counting from the date of our order confirmation to the postal service or to a freight forwarder. If we perform the delivery ourselves delivery commences within the above mentioned period of time. The delivery time of foreign sea-charts and text books can extend to four weeks or more.

6.7

If we do not have the goods in stock we order the goods from the respective producers/publisher and dispatch them without further request and immediately to you as soon as the goods arrive at our storage. The same applies if the goods ordered are not published as yet. In this case the order will be reserved, if possible. If the respective products are no longer available, at your option the order can be cancelled or reservation can be made for a reproduction or new edition, if any. In any of the aforementioned alternatives you will be notified about the non-availability of the goods ordered.

6.8

Our delivery obligation is fulfilled as soon as we hand over the goods to the post service or the company instructed with the carriage or shipment of the goods. If we carry out the shipment or the transport ourselves our delivery obligation is fulfilled by handing over of the goods to the receiver named by the Customer at the delivery address named by the Customer.

6.9

The delivery is made at the place named by the Customer as delivery address and to the receiver named by the Customer in his/her order. If the delivery address changes the Customer must notify this immediately. Costs caused by a subsequent change of the delivery address by the Customer are to be borne by the Customer. The delivery of sea-charts to a DHL packing station is impossible for technical reasons.

6.10

We are, at any time, entitled to part-deliveries and part-services in as much as these are reasonable for the Customer.

7.

Delay in delivery

7.1

In any event of a binding agreement of a delivery date or a delivery term and provided we do not perform the delivery ourselves we have fulfilled our obligation to deliver within the agreed delivery term if the goods are being delivered to the postal services or handed over to the transport and/or shipping company sufficiently timely that under normal circumstances one could expect delivery on the agreed delivery date or within the agreed delivery term.

7.2

If our delivery is delayed and if the Customer evidently suffered a loss caused thereby for which we are liable, our obligation to compensate is limited to a total sum in the amount of 5 % of the net-order value. Claims for damages in excess of this are excluded. The aforementioned limitation of liability does not apply when missing an agreed fix delivery deadline, in the event of bad faith, intent and gross negligence, injury to life, body or health as well as breach of a material contractual obligation ("Kardinalpflicht") within the meaning of para. 12.4. We are vicariously liable for our agents’ and servants’ liability.

8.

Obligation to take delivery and delay in taking delivery

8.1

The Customer is under an obligation to take delivery of the goods offered to him/her. Taking delivery represents a material contractual obligation of the Customer. The Customer is not permitted to refuse taking delivery of the goods because of insignificant defects.

8.2

If the Customer delays taking delivery of the goods we are entitle to refuse performance and claim damages for non-performance after expiry of a reasonable deadline set by ourselves.

8.3

During delay in taking delivery we are only liable for intent and gross negligence.

8.4

In the event of delay for delivery the risk of fortuitous destruction or a fortuitous deterioration of the goods passes to the Customer at the time of delay in taking delivery in as much as the risk has not already passed pursuant to para. 9.3.

9.

Transport and passing of risk

9.1

Unless agreed otherwise, the goods are being transported at the Customer’s costs at our option by ourselves or, at our option, by post or by a transport or shipping company instructed by. Us. The choice of the means of transport and the transport route is ours.

9.2

The transport of the goods is not insured. If the Customer so wishes we arrange for the delivery to be covered by transport insurance, the respective costs to be borne by the Customer. This is subject to a separate agreement.

9.3

Risk passes to the Customer with the handing over of the goods to the freight forwarder or any other party instructed with the transport or the shipment. If delivery is made by us risk passes to the Customer when leaving our business premises or, if the goods are being taking over by ourselves on a business premise, at the time of leaving the respective business premises.

9.4

If, upon the Customer’s request or by the Customer default a delivery date or delivery term agreed pursuant to these Conditions is postponed and/or extended we are entitled to put the goods in storage at the Customer’s risk and expense. In this case the Customer must reimburse us all additional cost caused by the postponed of the delivery date or the extension of the delivery term. Any further rights to which we may be entitled are being reserved.

10.

Retention of title

10.1

We retain title to the goods delivered until receipt of full payment. We are entitled to repossess the goods purchased if the Customer acts in breach of the Contract. Any proceeds generated are credited to the Customer’s debt less reasonable disposal expenses.

10.2

The Customer is not allowed to either pledge the goods or pass title to the goods for security purposes in respect of goods subject to the retention of title reservation. If the goods are pledged or in the event of actions of third parties, in particular enforcement measures or other interference the Customer must notify us immediately in writing. The Customer must compensate us for all damage and costs caused breach of Contract and the ensuing measures against actions of third parties.

11.

Rights if our supply and services are defective

11.1

We do not undertake any warranty and/or liability for the suitability of the goods delivered by us in respect of the Customer’s intended purpose of use and employment thereof unless expressly agreed otherwise or if the purpose of employment or use is regarded as customary. It is the Customer’s sole responsibility to properly select the ordered goods for the intended use, in particular regarding sea-charts and nautical reference books. Further, no claims for defects arise if the defects and related loss/damage were caused by the Customer’s faulty use, ware and tear and/or the use of the goods with unsuitable equipment. It is the Customer’s responsibility to inform himself/herself about the requirement for the use, the possible consequences and risks of the use in general as well as their specific operational purpose before using the goods delivered by us.

11.2

In the event of defect the Customer must, first give us the opportunity to remedy the defect within a reasonable time at our option by way of cost-free repair or replacement (subsequent performance) and we are entitled to at least to attempts at replacement. The costs related to the subsequent performance will be borne by us unless these costs are unreasonable, in particular, because the Customer has taken the goods to a place different from the agreed place of delivery.

11.3

The Customer can only exercise his/her statutory rights because of a defect, namely rescission, reduction of the price (abatement), damages and/or reimbursement of costs, after we were granted a reasonable time for subsequent performance pursuant to the afore stated para. 11.2 and such subsequent performance was not accomplished within such time limit. Setting a time limit is not required in the event of our serious and final refusal of subsequent performance, if subsequent performance is unreasonable for the Customer or in the event of particular circumstances which under consideration of the interests of either party justify immediate rescission. Further claims for damages and/or reimbursement of costs are only possible in accordance with the provisions of para. 12.

11.4

We do not undertake any guarantees in respect of the sea-charts and navigation manuals published by hydrographic agencies or other enterprises and delivered by us are of free from defects and/or the information contained therein corresponds with actual facts. We draw your attention to the fact that hydrographic agencies or enterprises do not guarantee that that the sea-charts and navigation manuals published by them are free from defects. If a sea-chart or a navigation manual delivered by us is defective within the meaning of this para. 11, the Customer’s claims in respect of defects are limited to subsequent performance, abetment or rescission, these rights being subject to the fulfilment of the requirements pursuant to the afore stated para. 11.3. Claims by the Customer for damages and/or reimbursement of costs because of the defect of sea-charts or navigation manuals delivered by us are excluded. This exclusion, however, does not apply in the event of intent or bad faith on our part or if the defect was caused by our negligent error when correcting the sea-chart. The provisions of this para. 11.4 apply to any type of sea-chart irrespective if it is a paper sea-chart, an electronic sea-chart, and official or non-official sea-chart.

11.5

Subject to the provisions in no. 11.7 the time limit for claims for defects is 24 months starting with the transfer of the risk. This does not apply in the event of the defect having being caused with intent or gross negligence, if we were acting in bad faith or in the event of injury to health, life or body or if we undertook a quality/or supply guarantee. In these aforementioned cases the statutory time limit applies.

11.6

The aforementioned conditions in respect of the time limit pursuant to no. 11.8 also apply to concurrent clams in tort as well as consequential damage.

11.7

In the event for claims for defects which are subject to a statutory time limit beyond 24 months the respective statutory time limits apply.

12.

Liability and Damages

12.1

We do not undertake any guarantee that the sea-charts or navigation manuals delivered to us by the respective producers or publishers and delivered by us to the Customer are free from defects. Subject to the following provision in the third sentence of this no. 12.1 our liability for any and all damage sustained by you because the sea-charts and/or navigation manuals delivered by us contain errors or otherwise digress from actual fact, is excluded. Our liability because of errors or digressions in the sea-charts and/or navigation manuals delivered by us can only be considered if the error or digression was caused negligently when correcting the sea-chart or negligently in any other manner by us, our legal representatives, our employees and/or our servants or agents or if, at the time of delivery, we knew of the error or digression.

12.2

In as much as pursuant to no. 12.1 our liability for losses suffered by you on account of errors and/or digressions in sea-charts and/or navigation manuals has to be considered, our liability – as in all other cases – is exclusively governed by the general liability provisions pursuant no. 12.3 to 12.9 below. The provisions in no. 12.1 and this no. 12.2 apply to any kind of sea-chart and/or navigation manual. They also apply to any kind of damage (damage to property, personal injury and/or damage to assets) irrespective on the legal grounds the claim for damages is being pursued.

12.3

For all claims for damages and/or reimbursement of costs against us our liability is unlimited pursuant to statutory provision only in the following cases:

• Intentional breach of duty by us, our legal representatives or servants or agents or in case of bad faith;
• in the event of negligent breach of duty by us or our legal representatives or servants or agents leading to injury to life, bodily harm and/or health
• if we guaranteed the quality of our goods or the achievement of a specific performance;
• if we are liable under the Product Liability Act.

12.4

In the absence of any event pursuant to no. 12.3 above our liability for any and all your damages/losses and expenses, irrespective on what legal grounds, is excluded in case of simple negligence unless we negligently committed a breach of material contractual obligations ("Kardinalpflichten"). "Material contractual obligations" are such obligations which materially protect your position which is to be afforded to you according to contents and purpose of the contract; "material" are further such contractual obligations the performance of which allow the proper execution of the contract in the first place and the observance of which you regularly rely on and are allowed to rely.

12.5

In as much as we are liable because of a breach of material contractual obligations by simple negligence pursuant to the afore stated no. 12.4 as well as in the event of strict liability, in particular in the event of impossibility of performance "ab initio" our liability is limited to such losses which are foreseeable and typical in respect of the contract.

12.6

We are only liable for procurement risks if this has been accepted expressly as "assuming the risk of procurement" in the form of a written agreement.

12.7

In as much as our liability is excluded or limited this also applies in respect of a personal liability for damages of our employees, representatives and servants/agents.

12.8

Your claims for damages or reimbursements of costs against us become time barred pursuant to no. 11.5 to 11.7 of these Conditions unless the claims concern product liability pursuant to the Product Liability Act or claims pursuant to § 823 et seq. BGB.

12.9

The exclusions or limitations of liability pursuant this no. 12 also apply for non-contractual liability.

13.

Applicable Law

These Mail Order General Terms and Conditions as well as all legal transactions between us and you validly including these Mail Order General Terms and Conditions are subject to the laws of the Federal Republic of Germany under the exclusion of the CISG.

14.

Partial Invalidity

In case individual provisions of these Conditions are invalid this does not affect the validity of the remaining provisions.

Section C – Mail Order General Terms and Conditions applicable to Merchants

1.

Scope of Application

1.1

These Mail Order General Terms and Conditions in Section C applies supplementary to the terms in Section A only in relation to enterprises within the meaning of § 14 Subs. 1 BGB (Bürgerliches Gesetzbuch – German Civil Code), public law corporations and public law trusts within the meaning of § 310 Subs. 1 BGB (in the following: "the Customer").

1.2

By virtue of the conclusion of the first Contract with you our Mail Order General Terms and Conditions also become part of any future business transactions with you.

2.

Prices

2.1

The prices for sea-charts, navigation manuals, beacon registers and textbooks as well as other print media from domestic producers or publishers are determined by the hydrographical authorities and the respective publishers for domestic supplies. In the event of domestic supplies the prices for German books are almost exclusively subject to the controlled price for publishing products which we are obliged to comply with on the basis of the German "Book Retail Price Maintenance Act" ("Buchpreisbindungsgesetz"). As on few occasions the price can be outdated at the time of the order (e.g. in the event of new editions) the relevant contract price is the price applicable on the day of the delivery of your order.

2.2

All our prices are in Euro, as an exception also in USD. The German statutory VAT applicable at the time of delivery of the respective goods is included in. VAT is charged to all domestic customers and all customers resident in a EU-state or a third country if this is in compliance with the VAT-laws in the country of delivery. Our invoices are issued for the gross price and indicate the statutory VAT at the end of the invoice.

2.3

Shipping charges or transport costs to be borne by you and our being charged on an actual costs basis.

2.4

The risk of export restrictions in the event of import into countries outside Germany to borne by you. You are responsible for the due payment of required customs and charges as well as import duties.

3.

Specifics in Respect of Sale and Supply of Sea Charts

3.1

The official German and British paper sea-chart supplied by us are being corrected manually by ourselves during storage and supplied to you in the updated version documented by seal. Official German paper sea-charts are updated exclusively on the basis of the "Notices for Seafarers" issued by the "Bundesamt für Seeschifffahrt und Hydrographie" (Federal Agency for Navigation and Hydrography) and the official British paper sea-charts are exclusively updated on the basis of the „Notices to Mariners" issued by the British Admiralty.

3.2

Official paper sea-charts issued by hydrography agencies and countries other than the official German and British paper sea-charts referred to in § 4.1 will only be updated by ourselves upon your special instructions. In this case the updating will be done exclusively on the basis of the notices to seafarers of the respective hydrography agency of the respective country. The charges of this separately ordered update is always invoiced on the basis of actual costs.

3.3

Official or none-official electronic sea-charts are supplied as digital data media or, as the case may be, pre-installed on hardware or in any other form. The correction of electronic sea-charts is not performed by ourselves but will be done exclusively by the respective producer in irregular intervals. An automatic supply with corrected and updated electronic sea-charts is only made by us if you conclude a Subscriber Service Contract with us pursuant to Section B of these Mail Order General Terms and Conditions. Please note because of the afore stated reasons and for insurance reasons electronic sea-charts do not substitute paper sea-charts.

3.4

The correction of leisure craft charts is excluded.

3.5

All corrections done by ourselves are made by trained personnel.

3.6

The none-official sea-charts, electronic or paper sea-charts supplied by ourselves do not substitute official sea-charts. They are only navigational aids to facilitate the use of official sea-charts. The use of navigational aids is solely your responsibility.

4.

Payments

4.1

Unless indicated otherwise in our order confirmation or our written offer the purchased price is due without deductions within 14 days counting from the invoice date. In the event of delay we are entitled to charge default interests at a rate of 8 % points above the base rate of the European Central Bank. We reserve the right to prove and claim higher damages for delay.

4.2

Generally, you pay when being invoiced. We do reserve the right, however, to, at our option, demand payment by direct debit, credit card, cash on delivery or cash in advance.

4.3

Any trade discount subject to a separate written agreement.

4.4

You are only entitled to a set-off if his/her counter claims have been established as final and absolute or if they are undisputed or acknowledged by us.

4.5

You are only entitled to exercise a retention right pursuant to § 273 BGB or § 369 HGB if the counter claims fulfil the same requirements as set out in no. 5.4 or if the supplied goods are defective. In either case you are only entitled to a right of retention if the respective counter claims are based on the same contractual relationship.

5.

Supply and Delivery Time

5.1

Compliance with our obligation to supply is subject to the timely and proper fulfilment of your obligations. The plea of non-performance of the Contract is reserved. If cash on delivery was agreed delivery will only be made following receipt of payment into the bank account indicated by us unless you can exercise a right of retention pursuant to no. 5.5 of the Mail Order General Terms and Conditions.

5.2

The agreement of delivery dates or delivery deadlines are only binding if expressly so agreed and the date or the term has been confirmed by us in writing.

5.3

Agreed terms start with the date of the order confirmation, however, not prior to the fulfilment of your obligations of advance performance, if any.

5.4

An obligation to delivery on our part only arises if we confirm the order and deliverability of the goods in writing. Deliverability of the goods in our catalogues is subject to the reservation that we hold the goods ordered in stock and that at the time of the requested delivery they are available from the respective producer which, e.g. cannot be confirmed the event of new editions.

5.5

A delivery obligation is subject to the correct and timely supply to us by our suppliers. This only applies, however, if we are not responsible for the non- or delayed delivered and have concluded a matching cover transaction with our supplier. If we are not responsible for not being able to deliver the goods ordered we are entitled to rescind the Contract with you in which case you shall be notified immediately that the goods ordered are not available. Your statutory claims remain unaffected. Any purchase payment made shall be reimbursed forthwith.

5.6

If we have the goods ordered in stock and have not bindingly agreed on a delivery date or a delivery deadline we hand over the goods within approximately 10 days counting from the date of our order confirmation to the postal service or to a freight forwarder. If we perform the delivery ourselves delivery commences within the above mentioned period of time. The delivery time of foreign sea-charts and text books can extend to four weeks or more.

5.7

If we do not have the goods in stock we order the goods from the respective producers/publisher and dispatch them without further request and immediately to you as soon as the goods arrive at our storage. The same applies if the goods ordered are not published as yet. In this case the order will be reserved, if possible. If the respective products are no longer available, at your option the order can be cancelled or reservation can be made for a reproduction or new edition, if any. In any of the aforementioned alternatives you will be notified about the non-availability of the goods ordered.

5.8

Our delivery obligation is fulfilled as soon as we hand over the goods to the post service or the company instructed with the carriage or shipment of the goods. If we carry out the shipment or the transport ourselves our delivery obligation is fulfilled by handing over of the goods to the receiver named by you at the delivery address named by you.

5.9

The delivery is made at the place named by you as delivery address and to the receiver named by you in his/her order. If the delivery address changes you must notify this immediately. Costs caused by a subsequent change of the delivery address by you are to be borne by you. The delivery of sea-charts to a DHL packing station is impossible for technical reasons.

5.10

We are, at any time, entitled to part-deliveries and part-services in as much as these are reasonable for you.

6.

Delay in Delivery

6.1

In any event of a binding agreement of a delivery date or a delivery deadline and provided we do not perform the delivery ourselves we have fulfilled our obligation to deliver within the agreed delivery deadline if the goods are being delivered to the postal services or handed over to the transport and/or shipping company sufficiently timely that under normal circumstances one could expect delivery on the agreed delivery date or within the agreed delivery deadline.

6.2

If our delivery is delayed and if you evidently suffered a loss caused thereby for which we are liable, our obligation to compensate is limited to a total sum in the amount of 5 % of the net-order value. Claims for damages in excess of this are excluded. The aforementioned limitation of liability does not apply when missing an agreed fix delivery deadline, in the event of bad faith, intent and gross negligence, injury to life, body or health as well as breach of a material contractual obligation ("Kardinalpflicht") within the meaning of no. 12.4. We are vicariously liable for our agents’ and servants’ liability.

7.

Obligation to take Delivery and Delay in taking Delivery

7.1

You are under an obligation to take delivery of the goods offered to him/her. Taking delivery constitutes a material contractual obligation of you. You are not permitted to refuse taking delivery of the goods because of insignificant defects.

7.2

If you delay taking delivery of the goods we are entitle to refuse performance and claim damages for non-performance after expiry of a reasonable deadline set by ourselves.

7.3

During delay in taking delivery we are only liable for intent and gross negligence.

7.4

In the event of delay for delivery the risk of fortuitous destruction or a fortuitous deterioration of the goods passes to you at the time of delay in taking delivery in as much as the risk has not already passed pursuant to no. 9.3.

8.

Transport and Passing of Risk

8.1

Unless agreed otherwise, the goods are being transported at your costs at our option by ourselves or, at our option, by post or by a transport or shipping company instructed by us. The choice of the means of transport and the transport route is ours.

8.2

The transport of the goods is not insured. If you so wish we arrange for the delivery to be covered by transport insurance, the respective costs to be borne by you. This is subject to a separate agreement.

8.3

Risk passes to you with the handing over of the goods to the freight forwarder or any other party instructed with the transport or the shipment. If delivery is made by us risk passes to you when leaving our business premises or, if the goods are being taking over by ourselves on a business premise, at the time of leaving the respective business premises.

8.4

If, upon your request or by your default a delivery date or delivery deadline agreed pursuant to these Conditions is postponed and/or extended we are entitled to put the goods in storage at your risk and expense. In this case you must reimburse us all additional cost caused by the postponed of the delivery date or the extension of the delivery term. Any further rights to which we may be entitled are being reserved.

9.

Retention of Title

9.1

We retain title to the goods delivered until receipt of all payments under the business relations with you. We are entitled to repossess the goods purchased if you act in breach of the Contract. To repossessing of the goods we are entitled to its disposal. Any proceeds generated are credited to your account payable less reasonable disposal expenses.

9.2

You are not allowed to either pledge or pass title to the goods for collateral purposes in respect of goods subject to the retention of title reservation. If the goods are pledged or in the event of actions of third parties, in particular enforcement measures or impairments you have to notify us immediately in writing. You must compensate us for all damage and costs caused breach of Contract and the ensuing measures against actions of third parties.

9.3

You are entitled to sell on the goods in the ordinary course of business. However, you assign to us already now all claims you might be entitled to under the sale-on from your purchaser in the amount of our claim as reflected in the final invoice (including VAT), irrespective if the goods were sold on without or after processing. You remain entitled to collect this claim also after the assignment. Our entitlement to collect the claim ourselves is not affected. We are under an obligation, however, not to collect the claim for as long as you fulfil your payment obligations out of the proceeds collected, do not default in payment and, in particular, no insolvency or composition proceedings were made or payment has been suspended. However, if any of the aforementioned alternatives apply we are entitled to demand that you disclose to us the assigned claims and the respective debtors and disclose all information relevant for the collection of the claims and provide us with the pertaining documents and inform the debtor (third party) about the assignment.

9.4

We are under an obligation to relinquish those securities to which we are entitled upon your request if the realizable value of our securities exceeds the claims to be secured by more than 10 %. The choice of the securities to be relinquished is for us to make.

10.

Rights if our Supply and Services are defective

10.1

If the Contract is a commercial transaction for both parties claims for defects are subject to the your immediate inspection of the goods upon receipt and the notification in writing of visible defects, if any, immediately following inspection, latest within 12 days following receipt of the goods, and in the event of hidden defects, immediately following discovery including specified description of defect (§ 377 HGB).

10.2

If you fail to properly and timely notify about the defects pursuant to the aforementioned no. 10.1 the goods are deemed accepted in which case any claims for defect by you are excluded.

10.3

Claims for defects do not arise in the event of insignificant digressions from the agreed or ordinary quality of the goods or the agreed services or in the event of an insignificant impairment of the usability of the goods delivered or services rendered.

10.4

We do not undertake any warranty and/or liability for the suitability of the goods delivered by us in respect of your intended purpose of use and employment unless expressly agreed otherwise or if the purpose of employment or use is regarded as customary. It is your sole responsibility to properly choose the ordered goods for the intended use, in particular sea-charts and navigation manuals. Further, no claims for defects arise if the defects and related loss/damage were caused by your faulty use, wear and tear and/or the use of the goods with unsuitable equipment. It is your responsibility to inform yourself about the conditions for the use, the possible consequences and risks of the use in general as well as the specific operational purpose before using the goods delivered by us.

10.5

In the event of defect you must, first, grant us the opportunity to rectify the defect within a reasonable time at our option by way of cost-free repair or replacement (subsequent performance) and we are entitled to at least to attempts at rectification. The costs related with the subsequent performance shall be borne by us unless these costs are unreasonable, in particular, because you took the goods to a place different from the agreed place of delivery.

10.6

You can only exercise your statutory rights because of a defect, namely rescission, abatement, damages and/or reimbursement of costs after we were granted a reasonable time limit for subsequent performance pursuant to the afore stated no. 10.5 together with your declaration that you will refuse subsequent performance if not rendered within the time limit. The setting of a time limit combined with a declaration of refusal is not required if we seriously and conclusively refuse subsequent performance, if subsequent performance is unreasonable for you or in the event of particular circumstances which under consideration of the interests of either party justify immediate rescission. Further claims for damages and/or reimbursement of costs are only possible in accordance with the provisions in no. 11.

10.7

We do not undertake any guarantees that the sea-charts and navigation manuals published by the hydrographic agencies or other enterprises and delivered by us are free from defects and/or the information contained therein corresponds with actual facts. We draw your attention to the fact that hydrographic agencies or enterprises do not guarantee that that the sea-charts and navigation manuals published by them are free from defects. If a sea-chart or a navigation manual delivered by us shows a defect within the meaning of this no. 10, your claims in respect of defects are limited to subsequent performance, abatement or rescission, these rights being subject to the fulfilment of the requirements pursuant to the afore stated no. 10.6. Claims by you for damages and/or reimbursement of costs because of the defect of sea-charts or navigation manuals delivered by us are excluded. This exclusion, however, does not apply in the event of intent or bad faith on our part of if the defect was caused by our negligent error when correcting the sea-chart. The provisions of this no. 10.7 apply to any type of sea-chart irrespective if it is a paper sea-chart, an electronic sea-chart, and official or non-official sea-chart.

10.8

Subject to the provisions in no. 10.10 the time limit for claims for defects is 12 months starting with the passing of the risk. This does not apply in the event of the defect having being caused with intent or gross negligence, if we were acting in bad faith or in the event of injury to health, life or body or if we undertook a quality/or supply guarantee. In the aforementioned cases the statutory time limit applies.

10.9

The aforementioned conditions in respect of the time limit pursuant to no. 10.8 also apply to concurrent clams in tort as well as consequential damage.

10.10

In the event for claims for defects which are subject to a statutory time limit beyond 24 months the respective statutory time limits apply.

11.

Liability and Damages

11.1

We do not undertake any guarantee that the sea-charts and navigation manuals delivered to us by the respective producers or publishers and delivered by us to you are free from defects. Subject to the following provision in the third sentence of this no. 11.1 our liability for any and all damage suffered by you because the sea-charts and/or navigation manuals delivered by us contain mistakes or otherwise digress from factual conditions, is excluded. Our liability because of errors or digressions in the sea-charts and/or navigation manuals delivered by ourselves can only be considered if the error or digression was caused negligently when correcting the sea-chart or in any other form negligently by ourselves, our legal representatives, our employees and/or our servants or agents or if, at the time of delivery, we knew of the error or digression.

11.2

In as much as pursuant to afore stated no. 11.1 our liability for losses suffered by you on account of mistakes and/or digressions in sea-charts and/or navigation manuals has to be considered, our liability – as in all other cases – is exclusively governed by the general liability provisions pursuant no. 11.3 to 11.10. The provisions in no. 11.1 and this no. 11.2 apply to any kind of sea-chart and/or navigation manuals. The also apply to any kind of damage (damaged property, personal injury and/or damage to assets) irrespective on the legal grounds the claim for damages is being pursued.

11.3

For all claims for damages and/or reimbursement of costs our liability is unlimited pursuant to statutory provision only in the following events:

• Intentional breach of duty by ourselves, our legal representatives or servants or agencies or in case of bad faith;
• in the event of negligent breach of duty by ourselves leading to injury of life, bodily harm and/or health by ourselves or our legal representatives or servants or agents
• if we guaranteed the quality of our goods or the achievement of a specific performance;
• if we are liable under the Product Liability Act.

11.4

In the absence of any event pursuant to no. 11.3 above our liability for any and all damages/losses and expenses of you, irrespective on what legal grounds is excluded in case of simple negligence unless we negligently committed a breach of material contractual obligations ("Kardinalpflichten") "Material contractual obligations" are such obligations which materially protect a your position which is to be afforded to him/her according to contents and purpose of the contract; "material" are also such contractual obligations the performance of which allow the proper execution of the contract in the first place and the observance of which you regularly relies on and is allowed to rely.

11.5

In as much as we are liable because of a breach of material contractual obligations because of simple negligence pursuant to the afore stated no. 11.4 as well as in the event of stick liability, in particular in the event of impossibility of performance "ab initio" our liability is limited to the amount of the damages which are foreseeable and typically flow from the breach of contract.

11.6

The limitation of our liability to the damages which are typical for the contract and which are foreseeable also applies in the event of a damage caused by gross negligence by ourselves, our legal representatives or our servants/agents.

11.7

We are only liable for procurement risks if this has been accepted expressly as "assuming the risk of supply" in the form of a written agreement.

11.8

In as much as our liability is excluded or limited this also applies in respect of a personal liability for damages of our staff, employees, co-workers, representatives and servants/agents.

11.9

Your claims for damages or reimbursements of costs against us become time bared pursuant to no. 11.8 to 11.10 of these conditions unless the claims concern product liability pursuant to the Product Liability Act or claims pursuant to § 823 et seq. BGB.

11.10

The exclusions or limitations of liability pursuant this no. 11 also apply for non-contractual liability.

12.

Applicable Law

These Mail Order General Terms and Conditions as well as all legal transactions between us and you validly including these Mail Order General Terms and Conditions are subject to the laws of the Federal Republic of Germany under the exclusion of the CISG.

13.

Jurisdiction, Place of Performance

13.1

If you are a merchant all disputes under or in connection with contracts between you and us and applying these Mail Order General Terms and Conditions is subject to the exclusive jurisdiction of the competent court at the place of business of HanseNautic GmbH. We are, however, also entitled to sue you in all other legally permitted jurisdictions.

13.2

Unless provided otherwise in the order confirmation HanseNautic GmbH’s place of business is deemed to be place of performance.

14.

Partial Invalidity

In case individual provisions of these Conditions are invalid this does not affect the validity of the remaining provisions.