Terms & Conditions

Version: 19 May 2026. Applies to all transactions concluded with GLOBAL DEFENSE TRADE GmbH.

1. Scope of application

1.1 These General Terms and Conditions ("Terms") govern all business relationships between GLOBAL DEFENSE TRADE GmbH (the "Seller", "we", "us") and its commercial customers ("Buyer", "you") concerning the sale, brokering, and delivery of defense, aviation, and related equipment.

1.2 These Terms apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. They do not apply to consumers.

1.3 Conflicting, deviating, or supplementary terms of the Buyer shall not become part of the contract unless we have expressly agreed to them in writing.

2. Conclusion of contract

2.1 All offers made by the Seller are non-binding and subject to confirmation, unless explicitly designated as binding.

2.2 An order placed by the Buyer constitutes a binding offer. The Seller is entitled to accept this offer within 14 days by issuing an order confirmation or by commencing performance.

2.3 The Seller reserves the right to refuse any order at its sole discretion, in particular where compliance, end-use, or end-user considerations require such refusal.

3. Export controls and compliance

3.1 All transactions are subject to the applicable export control laws and regulations, including but not limited to the German Foreign Trade and Payments Act (AWG), the War Weapons Control Act (KWKG), the German Weapons Act (WaffG), EU Regulation 2021/821 on dual-use items, and relevant United Nations and European Union sanctions regimes.

3.2 The performance of any contract is subject to the condition precedent that all required export, import, transit, and end-use certifications and licenses have been issued and remain in effect.

3.3 The Buyer shall provide all documentation reasonably required by the Seller or by competent authorities, including end-user certificates (EUC), import certificates, and statements of end-use, in the form and within the timeframe required.

3.4 The Buyer warrants that the goods will not be re-exported, transferred, or used in violation of applicable laws or in breach of any sanctions, embargoes, or end-use restrictions.

4. Prices, taxes, and duties

4.1 Prices are quoted in EUR or USD, depending on origin and as specified in the order confirmation. Unless otherwise agreed, prices are quoted ex works (EXW) or free carrier (FCA) Incoterms 2020.

4.2 Prices are net and exclusive of statutory value-added tax, customs duties, import taxes, regulatory fees, and any other public charges, all of which shall be borne by the Buyer.

4.3 The Seller reserves the right to adjust prices in the event of substantial changes in input costs (raw materials, energy, transport, currency exchange) between order confirmation and delivery, where the period between these events exceeds four months.

5. Payment terms

5.1 Unless otherwise agreed, payment is made on a milestone basis: a non-refundable deposit upon contract signature, with the balance due prior to release of the goods for shipment.

5.2 Payments are made by bank wire transfer to the Seller's nominated account. Bank charges incurred by the Buyer's bank shall be borne by the Buyer.

5.3 In case of default, the Seller is entitled to charge default interest at a rate of nine (9) percentage points above the base interest rate pursuant to § 247 BGB, without prejudice to any further claims for damages.

5.4 The Buyer is not entitled to set off any claims unless such claims are undisputed or have been finally adjudicated.

6. Delivery and transfer of risk

6.1 Delivery times stated in offers and order confirmations are approximate unless explicitly designated as binding. A typical delivery time is 30 days after receipt of order (ARO), subject to availability, license issuance, and clearance of export controls.

6.2 Risk of loss or damage passes to the Buyer upon delivery to the first carrier or, in case of EXW, upon making the goods available at the Seller's facility or nominated location.

6.3 Events of force majeure, including but not limited to acts of government, embargoes, sanctions, license refusals, armed conflict, natural disasters, pandemics, and transport disruptions, shall entitle the Seller to extend the delivery period or to withdraw from the contract without liability for damages.

7. Condition of goods and inspection

7.1 Unless explicitly designated as "new" or "factory new", all goods are sold "as is, where is". The Buyer is afforded the opportunity for pre-shipment inspection, either in person or via authorized agent.

7.2 Condition reports, technical descriptions, and documentation are provided in good faith and to the best of the Seller's knowledge but constitute no warranty unless explicitly agreed in writing.

7.3 Obvious defects shall be notified in writing within seven (7) days of delivery. Hidden defects shall be notified in writing without undue delay upon discovery, but no later than 90 days after delivery.

8. Warranty

8.1 For goods sold "as is", warranty claims are excluded to the maximum extent permitted by law.

8.2 For goods explicitly designated as new or overhauled, the statutory warranty period applies, limited to twelve (12) months from delivery. The Seller's warranty obligation is limited, at its discretion, to either repair or replacement.

8.3 Warranty claims are excluded for normal wear and tear, improper handling, unauthorized modifications, and any defect arising from use outside the goods' specified operational envelope.

9. Limitation of liability

9.1 The Seller's liability is limited to damages caused by intent or gross negligence. For ordinary negligence, the Seller is liable only for breach of essential contractual obligations (cardinal obligations), and only up to the amount of foreseeable damages typical for this type of contract.

9.2 The aforementioned limitations do not apply to liability for injury to life, body, or health, or to claims under the German Product Liability Act (ProdHaftG), or to liability arising from the assumption of a guarantee.

9.3 In no event shall the Seller be liable for indirect, consequential, incidental, or punitive damages, including but not limited to lost profits, loss of business opportunity, or operational downtime.

10. Retention of title

10.1 The Seller retains title to all delivered goods until full payment of all claims arising from the business relationship has been received.

10.2 The Buyer is not entitled to pledge, transfer ownership as security, or otherwise encumber the goods subject to retention of title without the prior written consent of the Seller.

11. Confidentiality

11.1 The parties shall treat all non-public information disclosed in the course of business as strictly confidential and shall use it solely for the purposes of the contractual relationship.

11.2 This obligation survives termination of the contract for a period of five (5) years.

11.3 Specific transactions may be subject to additional non-disclosure agreements (NDA), which shall prevail over this clause in case of conflict.

12. Data protection

Personal data is processed in accordance with the Seller's privacy policy, available at /datenschutz. The processing of personal data complies with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

13. Governing law and place of jurisdiction

13.1 These Terms and all contractual relationships between the parties are governed by the substantive law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Frankfurt am Main, Germany. The Seller is, however, entitled to bring proceedings against the Buyer at the Buyer's general place of jurisdiction.

13.3 The parties may alternatively agree on arbitration under the Arbitration Rules of the German Arbitration Institute (DIS), seated in Frankfurt am Main, conducted in English.

14. Severability and final provisions

14.1 Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

14.2 Amendments and supplements to these Terms require the written form. The same applies to any waiver of the written-form requirement itself.

14.3 In case of conflict between the English version of these Terms and any translation, the English version shall prevail.

15. Contact

For questions regarding these Terms, please contact:

Company

GLOBAL DEFENSE TRADE GmbH

Address

Kaiser-Friedrich-Promenade 149, 61352 Bad Homburg v. d. Höhe, Germany

Email

defense@giga-group.info

Register

HRB 132789, Amtsgericht Frankfurt am Main