General Terms and Conditions

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I. Validity

The terms and conditions that are stated below apply to all of our products and other services. Any deviations from them require our written confirmation. We do not recognise any contradictory general purchasing conditions from the ordering party, especially the exclusion of reservation of title or the proscription of the settlement of counter-claims."

II. Offer and deal closure

1. Our offers are contractual agreements that are offered without engagement. Other agreements only become binding on the basis of the provision of our written confirmation.
2. If our employees or our servants should either reach subsidiary agreements or provide assurances which are beyond the scope of the written contract, these require our written confirmation under all circumstances.
3. Documents that accompany the offer such as images, drawings, and weight and size related data are, unless agreed otherwise, only authoritative on an approximate basis."

III. Delivery periods

1. Delivery periods are extended - also within a delay - in accordance with the occurrence of force-majeure events and any other unforseen hindrances that may occur subsequent to the conclusion of the contract and over which we have no control. The purchaser is able to demand a declaration from us as to whether we wish to withdraw or to deliver within a reasonable period. If we do not provide an immediate response, the purchaser is then entitled to withdraw. The delivery periods are extended by the period by which the purchaser is in delay within the context of their contracual obligations."

IV. Default, impossibility of service

1. If a particular delivery time or deadline passes without delivery being affected and if the purchaser wishes to withdraw from the contract or claim compensation for non-performance, the purchaser must nevertheless set an appropriate grace period for performance of the delivery and declare that they will refuse delivery after the expiry of the period of grace. This does not apply if we have designated a deadline or a date for the service as binding in writing.
2. Part-deliveries are admissible to a reasonable extent.
3. In events of force majeure, mobilisation, insurgence, war, lock-out, strikes, a lack of raw materials, fire, flooding, delivery failure or other circumstances which we are not able to control, the delivery deadline is extended and we reserve the right to either withdraw from the contract or to deliver by an alternative deadline. In no event shall we be responsible for any part-deliveries delayed or omitted through the fault of our suppliers.
4. In the event of non-acceptance, we are permitted to demand a lump sum totalling 20% of the purchase price as compensation. The right to enforce a claim for actual damage and the right to prove less damage is reserved.
5. We are not responsible for default and the impossibility of service when no accusation of blame has been levied either towards us, our servants and preliminary suppliers. As a general rule, we are liable according to the legal regulations and if we must accordingly pay compensation, then a claim for compensation to which the purchaser is entitled - as long as the contract concerns a commercial activity of the purchaser - is limited to forseeable damage at the time of the conclusion of the contract, at the most, however, 10% of the value of that part of the total delivery which cannot be used in due time or cannot be used pursuant to the contract due to either delay or non-delivery. This limit does not apply if we are forced to accept liability in cases of either default or gross negligenc."

V. Consignment and transfer of risk

The risk is also transferred to the ordering party if delivery has been agreed freight-free,
1. in the event of delivery without erection or assembly, if the consignment that is ready to use is either dispatched or collected. At the request of the ordering party and on the basis of advance payment, we shall insure the consignment against breakage, transport and fire damage.
2. In the event of delivery with erection and assembly subsequent to the completion of these services. Insignificant finishing and improvement work are irrelevant."

VI. Prices, payment and exclusion of off-setting

1. The prices stated relate to the location of the supplier and are always plus the appropriate rate of VAT. With sales and repair work, the purchase price and/or the payment is due immediately  on acceptance of the goods.
3. We reserve the right to decline cheques or other non-cash methods of payment. Acceptance only occurs on account of payment. Payments in foreign currencies are credited pursuant to bank transfer.
4. In the event of default of payment we are entitled to charge interest rates to the total of the corresponding bank rates for overdraft loans, and at a minimum rate, however, of 3% over the  discount rate of the Deutsche Bundesbank.
5. We reserve the right to assert further compensation for default.
6. The purchaser is only permitted to offset or withhold in the event of non-disputed or legally valid counterclaims.  If a notice of defect is asserted, the purchaser may only withhold payment to an extent which is appropriate to the defect that has actually occurred."

VII. Reservation of title

1. The goods that we supply remain our property until the purchaser has redeemed in full all of the liabilities from the business relationship that they share with us.
2. If we accept returned goods, then - in the event of the non-applicability of the Consumer Credit Act - this only amounts to withdrawal from the contract if we should expressly confirm it in writing. We view seizures of goods that are made, however, to mean withdrawal from the contract.
3. We are to be informed without delay in writing of seizures and other hazards to our rights that originate from third parties in full detail, which we require for third party proceedings according to § 771 of the German Code of Civil Procedure. If we incur a loss because a third party is not able to pay the judicial and extra-judicial costs of a case that they owe us according to § 771 of the German Code of Civil Procedure, then the purchaser is liable.
4. Any processing or transformation of our goods carried out by the purchaser is completed for us only. In the event of the goods being processed with other goods not belonging to us, we are entitled to acquire co-ownership of the new goods in the ratio of the invoiced value of our reserved goods to the purchasing price of the other goods that are processed (at the time of processing). The regulations concerning reserved goods shall also apply to the new goods accordingly. In the event of the inseparable combination of our reserved goods with other objects, we acquire co-ownership of the new goods in the ratio of the invoiced value of our reserved goods to the purchase price of the other combined object (at the time of the processing). The  purchaser preserves sole or co-ownership on our behalf.
5. The purchaser is entitled to sell our reserved goods in the context of legal business operations. However, the customer automatically cedes all accounts receivable from third parties arising from this sale to us, and in the amount of the corresponding invoiced value (including VAT). Regardless of this assignation, the purchaser remains authorized to collect the accounts receivable. Upon our request, the purchaser must inform us of the assigned accounts receiveable and also the corresponding debtors, and provide us with all of the information and documentation required for the collection of the debt. Upon our special request, the purchaser will notify the corresponding third party debtor of the assignation to us.
6. The above assignation for securing our accounts receivable also includes accounts receivable which the purchaser gains towards a third party as a consequence of a connection existing between our reserved goods and a property. The assignation regulation also applies to processed, transformed and mixed reserved goods.
7. At the purchaser's request, we undertake to release securities that they may have made available to us pursuant to this contract, in as far as their value exceeds the receivables to be secured and not yet settled by over 20%."

VIII. Notices of defect and guarantee

1. Complaints or notices of defect must be asserted to us in writing without delay, calculated from the day of the transfer or risk.
2. Warranty valid only in the region intended for sale (when labeled).
3. In the event of justifiable notices of defect during the period of guarantee, a free replacement will be provided, which will occur either through repair or exchange on the basis of our decision. Components or parts that are replaced transfer to our ownership.
4. We are to be provided with all parts which must be replaced or repaired. In all cases, the only parts that are replaced are those which faults are evident either in terms of their materials or their functionality.
5. Notices of defect does not relate to natural wear-and-tear nor does it relate to damage or faults which occur after the transfer of risk. If alteration or maintenance work has been completed without our express approval, we are no longer liable for any defects.
6. The purchaser has the right either to request annullment of the contract (conversion) or to request a reduction (a discount) to the purchase price if either repair work should fail three times without the fault being remedied; or after we have agreed to deliver a replacement which the purchaser does not then receive subsequent to the deadline set by the purchaser; or if we decline to deliver a replacement."

IX. Additional conditions concerning repair work

1. Cost estimates for repair work are only binding if we submit them in writing and they are designated as binding. In the event of an estimate being provided without subsequent repair, the arising costs will be invoiced. If it is neither technically nor economically reasonable, then it is not necessary for us to return the inspected object to its original state.
2. If a repair order is submitted without a clear description of the faults or any limitation of the costs, then in consideration of the market value and the operational safety, we are able to carry out all repairs which we view as being necessary for the restoration.
3. If in the event of the stating of an error by the customer further faults are determined during the repair, then we are permitted to remove these without a specific order if this is necessary for maintaining operational safety and the expenses are minimal in relation to the costs of the main order.
4. If the fault is not determined during the inspection, a replacement part can no longer be acquired, or the order is withdrawn during the completion, then the client will be invoiced the incurring costs. The same also applies if a customer does not attend an agreed date for repair work.
5. We shall deceide whether a repair is carried out in our own workshop or in an external workshop.
6. The conditions under VIII. and X. apply accordingly to the guarantee.
7. The client is liable for the packaging and mailing costs."

X. General limitation of liability

Our liability is based solely on the agreements that are stated and explained above. Claims for compensation by the purchaser/client arising from negligence in concluding the contract, breach of subsidiary contractual obligations and prohibited actions are excluded unless they are based on gross negligence either on our part or one of our servants. The limitation of liability applies to the purchaser accordingly.

XI. Written form, severability clause and legal venue

1. All of the notifications and explanations which are to be submitted to us require the written form in order to be effective.
2. If one or several conditions of these general conditions of business should become ineffective, the effectiveness of the general conditions of business remains unaffected.
3. For contracts with fully qualified merchants and legal personalities, the sole legal venue is the one that is located in the locality of either our head office or the branch office from which we are making a delivery.
4. Solely the laws of the Federal Republic of Germany apply to all contractual relations.

Löhne, 31.09.2010