GTC

This is a translation of the German version. In case of doubt, the German version shall prevail.

1. Contract conclusion
   1.1 Our deliveries and services are executed exclusively according to the following conditions:
   1.2. Our quotations remain subject to modification until final conclusion of a contract.
   1.3 The conclusion of a contract becomes effective with the establishment of our order confirmation.
2. Prices, delivery, Shipping
   2.1 Our prices are quoted, unless agreed otherwise, ex works.
   2.2 Place of performance is Niederwinkling, Germany.
   2.3 Delivery is effected at customer’s risk and expense. Transfer of risks starts at the gate of our premises.
   2.4 Modifications on demand of the customer after order confirmation shall be confirmed in writing only to be effective. They are invoiced separately.
   2.5 For contracts with delivery times exceeding 4 month, we reserve the right to pass on possible price increases of our suppliers or tax modifications to our customers.
3. Payment
   3.1 Our invoices are immediately valid ex issue.
   3.2 For payments received within 14 days starting on the date of the invoice, we grant a cash discount of 2%. Cash discount deduction after the 14. day is ineligible.
   3.3 For partial payment, the following terms apply:
   First advance payment of 35% after order confirmation and issue of the invoice, second advance payment 50% after delivery and issue of the invoice, third payment of 15% after approval by the customer or respectively the customer’s client, however, 60 days after delivery at the latest. When payment is effected in parts, cash discount deduction is excluded.
   3.4 For any kind of service carried out by the contractor on material provided by the customer, 100% before transfer of perils , as far as no other written agreement regarding the passage of title has been signed.
   3.5 If the customer defaults in an ongoing order according to §286 BGB (German Civil Code), the contractor has the right to stop all order-related activities and agreed delivery dates become void. Rights emanating from §647 BGB (German Civil Code) may be asserted.
   3.6 The legal default interest will be charged (according to §§§286, 287, 288 BGB-German Civil Code).
   3.7 An offset of due amounts against disputed counterclaims on the part of the customer is excluded.
4. Warranty
   4.1 For transactions among businessmen a warranty period of 12 month (according to §309 n° 8 b ff BGB-German Civil Code) after transfer of perils applies.
   4.2 The “immediate-notice-of-defect”-obligation (i. e. immediate examination of goods) among business men is applicable (according to §377HGB-German Commercial Code).
   4.3 The contractor has the right to chose the mode how to rectify a legitimated fault.
   4.4 Warranty claims for legitimated faults expire once the supplied material has been machined or modified, a rectification has been undertaken by the customer himself as well as in case of negligent default of examining the goods at their arrival (within 5 working days), in the event of inappropriate handling and default of notifying the contractor.
5. Liability
   5.1 Claims for damages against the contractor can only be asserted in case of demonstrably culpable negligence and merely when they are related to life, body or health.
6. Retention of title
   6.1 According to §449 BGB (German Civil Code), the goods delivered remain property of the contractor until receipt of the total invoice amount.
   6.2 Extended retention of title according to §398 BGB (German Civil Code): The future claim the contractor achieves towards his customer in case of resale or installation of the product or material which has not yet been paid is assigned in advance to the contractor as security in the amount of the value of the sales item.
   6.3 Expanded retention of title: The retention of title shall remain effective until all outstanding claims from the business relationship are settled.
7. Place of jurisdiction
   For both parties, the place of jurisdiction is the competent court in the city in which our registered office is located. Should one of the above paragraphs become ineffective, the rest of these General Conditions shall remain in effect nonetheless.
8. If one of these points is or becomes invalid the remaining points remain valid.

Last update: August 2010