Export Control Compliance

1. ONERGYS GmbH informs the buyer that the export/transfer of goods (hardware, software, technology) from our product range is subject to European and German foreign trade law and that individual deliveries may be subject to restrictions or prohibitions under export control law. The relevant legal provisions are namely Regulation (EU) No. 2021/821 (EU Dual Use Regulation) and its annexes, the German Foreign Trade and Payments Act (AWG) and the German Foreign Trade and Payments Ordinance (AWV) with its German Export List (Ausfuhrliste), as amended. Furthermore, there are European and national embargo restrictions against certain countries and persons, companies and organizations, which may prohibit or make the supply, provision, transfer, export or sale of goods, as well as the performance of services, subject to approval. In particular, the embargo restrictions against the Russian Federation, Belarus, the Crimea/Sevastopol region and the areas of the Ukrainian regions of Donetsk and Luhansk not controlled by the government of Ukraine should be highlighted in this context, which, among other things, also affect goods from the product range of ONERGYS GmbH.
2. The buyer confirms to recognize the European and respectively relevant national export control regulations and embargo regulations and to take them into account in the context of the further use, trade and onward delivery of the goods delivered by us.
3. The buyer undertakes not to make the goods delivered by us available, directly or indirectly, to persons, companies, institutions, organizations, or to sell, export, re-export, deliver, pass on or otherwise make them accessible to them or to countries if this violates or is contrary to European or national export control regulations and embargo regulations.
4. The buyer hereby declares - in particular for the onward delivery of the goods to third parties - that it will take appropriate measures to ensure that the goods delivered by us will not be used in connection with a military end use (e.g. installation in military equipment) in countries against which the EU, the OSCE or the United Nations have imposed an arms embargo.
5. The buyer acknowledges that the legal provisions referred to in (1) are subject to constant changes and adaptations and are applicable as amended from time to time.
6. This confirmation shall apply to all orders, deliveries and provisions to be carried out under the business relationship between ONERGYS GmbH and the buyer.