TERMS AND CONDITIONS

1. general

For all of AW Personal GmbH & Co. KG legally represented by managing directors Nadja Krebs and Semir Serifovic, Johanniterstr. 5 in 72160 Horb am Neckar, telephone +49 (0) 7451539138-0, e-mail: mail@aw-personal.de The following general terms and conditions (GTC) apply to the following general terms and conditions (GTC) (hereinafter: contractor) from and in connection with the temporary employment contract. Deviating terms and conditions of the customer (hereinafter: client) do not apply even if the contractor does not expressly object or the client declares that he only wants to conclude on his terms.

‍

2. contracting

2.1 The contractual relationship is concluded through the contractor's offer in accordance with the temporary employment agreement and these general terms and conditions and the client's written declaration of acceptance upon signing the temporary employment contract. The client is aware that the contractor has no performance obligations unless the signed contract document is returned by the client (Section 12 (1) Temporary Employment Act (hereinafter: AÜG). In the relationship between a temporary employment contract and the general terms and conditions, the provisions in the temporary employment agreement take precedence, provided that they contain different/inconsistent provisions with the general terms and conditions. If the provisions of the employment contract contain ineffective/unenforceable provisions, which contain different/inconsistent provisions with the general terms and conditions, but these provisions in the terms and conditions are to be qualified as effective, then only the provisions of the general terms and conditions apply despite the previously agreed priority.

2.2 If the client intends to delegate the handling of money and/or valuables to the temporary employee, he will make a separate agreement with the contractor in advance. Without a separate contractual provision, the contractor assumes no liability/warranty in relation to the client if, as part of the handling of money and/or securities, the hired temporary worker commits acts that result in damage to the client.

2.3. The contractor declares that the employment contracts that he has concluded with the temporary workers employed in the client's company include the IGZ-DGB collective agreements in their current version in full. In doing so, the contractor ensures that the principle of equal treatment set out in Section 9 No. 2 AÜG is averted. The contractor is a member of the Interessenverband Deutscher Zeitarbeitsunternehmen e.V.

2.4 Before each transfer, the client undertakes to check whether the temporary employee has resigned from an employment relationship with the client himself or with a company affiliated with the client within the meaning of Section 18 of the Stock Corporation Act in the last six months before the transfer. If this is the case, the client shall immediately inform the contractor of this finding. In view of the resulting legal consequences (equal treatment), the contracting parties then have the opportunity to decide whether the transfer should be carried out as planned and, if necessary, to adjust the transfer agreements. If the assignment is not carried out as planned or if the leasing contracts are not adjusted accordingly, the contractor has a unilateral extraordinary right of termination of the concluded temporary employment contract. This must be carried out no later than 6 weeks after receipt of the client's notification. On receipt of the notice of termination, the temporary employment contract expires with immediate effect.

‍

3. Labor law relationships

3.1 The conclusion of this agreement does not establish an employment relationship between the temporary employee and the client. The contractor is the employer of the temporary worker.

3.2 For the duration of the assignment with the client, the client is responsible for exercising the work-related right of instruction. The client will only assign tasks to the temporary worker which are subject to the area of activity contractually agreed with the contractor and which correspond to the level of training of the respective temporary worker. In all other respects, management rights remain with the contractor.

‍

4. Care/cooperation obligations of the client/occupational safety measures

4.1 The client assumes the duty of care in connection with occupational safety measures at the temporary worker's place of employment (Section 618 BGB, Section 11 Paragraph 6 AÜG). In this respect, he releases the contractor from all claims of the temporary worker and other third parties that result from failure or insufficient performance of this obligation. 4.2 The client will ensure that accident prevention and occupational health regulations applicable at the place of employment of the temporary worker (including Sections 5, 6 ArbSchG) and the generally accepted safety-related and occupational health rules are complied with, and that legally permitted working time limits and breaks are complied with. The risk assessment necessary for the workplace will be provided to the contractor if available or the client will assist the contractor with the preparation. The client will instruct the temporary worker before the start of his job and explain any particular risks of the activity to be carried out and measures to prevent them, in particular to provide employees with the personal protective equipment required for the performance of the respective job. If temporary employees of the contractor refuse to perform the work due to missing or defective safety equipment or precautions in the client's company, the client is liable for the resulting downtime and damage, including causal sequential damage. 4.3 In order to carry out the monitoring and control measures incumbent on the contractor, the client allows the contractor a right of access to the jobs of temporary workers within normal working hours. 4.4 If official permits are or become necessary for temporary workers, the client undertakes to obtain these prior to commencement of employment by the temporary worker and to submit the permit to the contractor upon request. 4.5 The client will provide the contractor with any work accident involving the temporary worker

Report in writing immediately, i.e. on the day of damage. As a result, the client will provide the contractor with a written damage report within 3 working days of the occurrence of the claim or will investigate the course of the accident with the contractor.

‍

5. Rejection/exchange of temporary workers

5.1 The client is entitled to reject a temporary worker by means of a written declaration to the contractor if there is a reason that would entitle the contractor to extraordinary termination of the employment relationship with the temporary worker (Section 626 BGB). The client is obliged to explain in detail the reasons for the rejection. In the event of rejection, the contractor is entitled to transfer other professionally equivalent temporary workers to the client. 5.2 If the client determines within the first four hours that a temporary employee of the contractor is not suitable for the intended activity and insists on exchange, he will not be charged, after prior consultation, up to a maximum of 4 working hours. The burden of presentation and proof of non-eligibility falls on the client. 5.3 In addition, the contractor is entitled at any time to replace temporary workers provided to the client for organizational or legal reasons and to transfer professionally equivalent temporary workers.

‍

6. ‍Obstacles to performance/resignation‍

6.1 The contractor is released in whole or temporarily from its obligation to perform if and to the extent that the provision of temporary workers is permanently or temporarily impossible or unreasonably difficult due to exceptional circumstances which were not culpably caused by the contractor. Such exceptional circumstances include in particular but not exhaustive industrial action, regardless of whether in the company of the client or the contractor, sovereign measures, natural disasters, etc. In addition, in the cases mentioned, the contractor is entitled to withdraw from the temporary employment contract. 6.2 Notwithstanding the above provision, the client is aware that the temporary workers provided by the contractor are not obliged to perform their work if the operation of the The client is on strike. If this is not possible, the contractor is released from the contract, i.e. no rights can be derived from the temporary employment contract with regard to the contractor's performance obligation. 6.3 If, contrary to the agreement, the temporary worker does not take up his duties or does not start working in a timely manner, the client will immediately inform the contractor. The contractor will make every effort to provide a replacement employee in the short term. If this is not possible, the contractor is released from the contract. If the client fails to report this immediately, he is not entitled to claims against the contractor arising from and in connection with the failure or inadequate commencement of employment by the temporary worker.

‍

7. reckoning

7.1 All billing rates specified by the contractor are net figures. The contractor will provide the client with an invoice showing the statutory value added tax upon completion of the order — weekly if the contract is continued — unless the parties expressly agree on a different billing method. 7.2 Changes to the place of employment and the working area entitle the contractor to change the hourly billing rate. In particular when the remuneration collective agreements applicable to the personnel service provider or relevant legal provisions are amended, the agreed transfer rates increase proportionally from the effect of these changes. In addition, wage costs arising from an increase in pay due to collective bargaining regulations will be passed on to the customer plus the usual calculation surcharge. 7.3 The contractor shall make the statement in accordance with the time sheets provided by the temporary employee and signed by the client on a weekly basis. If the temporary worker's daily or weekly working time exceeds the regular daily or weekly working time applicable by the client, the contractor will charge overtime supplements in accordance with the agreement made in the employment contract. The same applies to the calculation of public holidays, shift, night work and other surcharges provided for by collective agreements. In the event that time sheets are not presented to the contractor for billing and this is due to conduct on the part of the client, the contractor is entitled, in the event of a dispute, to calculate a daily working time of the temporary worker which corresponds to the maximum daily working time of employees under the Working Hours Act as amended (§ 3 ArbZG). In these cases, the client reserves the right to prove that the temporary worker has been employed for a shorter period of employment. 7.4 The invoice amounts are due and payable by the client within 7 calendar days upon receipt of the invoice issued by the contractor. 7.5 The temporary workers provided by the contractor are not authorized to receive advances or payments on the statements issued by the contractor.

7.6 In the event of late payment by the client, the contractor is entitled to charge the statutory default interest, but at least 5% p.a. above the base interest rate of the Deutsche Bundesbank or the financial instrument of the European Central Bank acting in its place.

‍

8. Sucessation/Retention Right/Assignment

8.1 The client is not entitled to offset against claims made by the contractor or to assert a right of retention, unless the counterclaim asserted by the client is undisputed or has been legally established. 8.2 The client is only entitled to transfer rights and obligations under this agreement to third parties with the prior written consent of the contractor.

‍

9. Warranty/liability

9.1 The contractor guarantees that the temporary workers provided are generally suitable for the intended activities; however, he is not obliged to check work papers, in particular certificates from temporary workers, for accuracy and to obtain police certificates of good conduct. 9.2 The contractor, their legal representatives and vicarious agents are not liable for damage caused by temporary workers in connection with their work with the client, unless the contractor whose Legal representatives and vicarious agents are charged with intentional or grossly negligent selection fault. In addition, the liability of the contractor and his legal representatives and vicarious agents is limited to intent and gross negligence. This applies both to statutory and contractual liability, in particular in the event of default, impossibility, failure, breach of duty or in cases of tort. In the event of intent or gross negligence on the part of simple vicarious agents, the contractor is also only liable for foreseeable damage. Irrespective of the above and subsequent limitations of liability, the contractor is liable in accordance with statutory provisions for damage to life, body and health based on a culpable breach of duty by the contractor, his legal representatives or his vicarious agents. 9.3 The client undertakes to indemnify the contractor from all claims made by third parties in connection with the performance and performance of the activities assigned to the temporary worker by the client. The contractor will inform the client in writing of any claims made by third parties. 9.4 Should the client fail to comply with its inspection and notification obligation under 2.4., it shall indemnify the contractor from all previous and future claims of the temporary worker for equal treatment and all other damage resulting from the breach of duty. The contractor undertakes to invoke relevant cut-off periods vis-à-vis any claimants.

‍

10. Takeover of temporary workers/ placement commission

10.1 Placement is irrefutable if the client or a company legally or economically affiliated with him enters/establishes an employment relationship or contractual relationship on an independent basis (subcontractor contract, service contract as a freelancer) with the temporary worker during the duration of the temporary employment agreement with the contractor's temporary employee. Placement also exists if the client or a company legally or economically affiliated with him enters into an employment relationship with the temporary worker within six months of the termination of the transfer. In this case, the client reserves the right to prove that the employment relationship was not concluded on the basis of the previous transfer. 10.2 Placement is also irrevocable if the client or a company legally or economically affiliated with it enters into an employment relationship directly after the contractor has established contact with the applicant without prior transfer. 10.3 Decisive as to the date of establishment of the employment relationship or contractual relationship on The independent basis (subcontractor contract, service contract as a freelancer, etc.) between the client and the temporary worker is either the time of commencement of work for the client or the date of conclusion of the employment contract or establishment of the contractual relationship on an independent basis, depending on which event occurs first.

10.4 The client is obliged to inform the contractor whether and when an employment contract has been concluded. If, in the event of a dispute, the contractor provides evidence that suggests an employment relationship between the client and the temporary employee, the client bears the burden of proof that an employment relationship has not been entered into. 10.5 In cases of 10.1 to 10.3, the client must pay a placement commission to the contractor. Fixed-term employment contracts are subject to commission to the same extent as permanent employment contracts. 10.6 The amount of the placement commission is 2.5 gross monthly salaries when the temporary worker is taken over without prior transfer. If taken over during the transfer, the placement commission is 2 gross monthly salaries within the first three months of the transfer, 1.5 gross monthly salaries if taken over within six months, with a takeover within nine months, 1 gross monthly salary and in the case of a Payment within twelve months 0.5 gross monthly salaries. 10.7 The basis of calculation of the placement commission is the gross monthly salary agreed between the client and the temporary employee, but at least the gross monthly salary agreed between the contractor and the temporary employee. The client provides the contractor with a copy of the signed employment contract. In the event of interruptions in the transfer, the start of the last transfer before the employment relationship is established is decisive. The agency commission is to be paid plus the statutory value added tax. The commission is payable 14 days after receipt of the invoice.10.8 If the employee works for the client on the basis of a freelance employment contract or a contract with a self-employed person, the provisions apply accordingly, with the proviso that instead of the gross monthly salary, the monthly fee agreed between the client and the employee forms the basis of the calculation basis.

‍

11. Contract period/termination

11.1 Insofar as the temporary employment contract has not been concluded for a limited period of time, it runs for an indefinite period. In the first week of employment of the temporary worker, the client is entitled to terminate the contractual relationship with a notice period of one working day. In addition, both parties have the right to terminate the agreement properly with a notice period of two weeks to the end of a calendar week or extraordinarily with a notice of one week, unless the parties make any other provision. 11.2 The right to terminate without notice remains unaffected. In particular, the contractor is entitled to terminate this agreement without notice if a) the opening of insolvency proceedings against the client's assets has been requested, insolvency proceedings have been opened or rejected due to lack of property or are threatened with such a threat or b) the client does not compensate a due invoice even after a reminder and time has been set.11.3 Termination of this agreement by the client is only effective if it is given to the contractor. Temporary workers hired by the contractor are not authorized to accept notices of termination.

‍

12. Final Provisions — Salvatory Clause

12.1 Amendments and additions to the agreement between the parties must be made in writing to be effective. This also applies to a change in the written form requirement itself. The temporary workers provided by the contractor are not entitled to agree on changes, additions or ancillary agreements to the temporary employment agreement with the client. 12.2 The place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the contractor and the client is the seat of the respective branch of the contractor that has concluded the present temporary employment contract, provided that the client is a merchant. The contractor may also assert his claims before the courts of the client's general place of jurisdiction. 12.3 All legal relationships between the contractor and the client are governed exclusively by the laws of the Federal Republic of Germany. 12.4 Additions and amendments to these general terms and conditions must be made in writing in order to be legally effective. This applies even to the waiver of the written form requirement. Should a provision or part of a provision be or become invalid in whole or in part, this does not affect the effectiveness of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.

‍

AW Personal GmbH & Co. KG, Horb am Neckar, 11.08.2020