State August 2019

For use opposite:

1. einer Person, die bei Abschluss des Vertrages in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit handelt (Unternehmer);
2. juristischen Personen des öffentlichen Rechts oder einem öffentlich-rechtlichen Sondervermögen.

I. General
1. All deliveries and services are subject to these terms and conditions as well as any separate contractual agreements. Any deviating terms and conditions of purchase of the customer
shall not become part of the contract even by acceptance of the order. In the absence of any special agreement, a contract shall be deemed to have been concluded upon written confirmation of the order by the Supplier.
2. The Supplier reserves the right to samples, cost estimates, drawings and the like. The Supplier reserves ownership and copyright to samples, cost estimates, drawings and similar information of a tangible and intangible nature - also in electronic form; they may not be made accessible to third parties. The Supplier undertakes to make information and documents designated by the Purchaser as confidential available to third parties only with the Purchaser's consent. Translated with www.DeepL.com/Translator (free version)

II. Price and payment
1. In the absence of a special agreement, the prices shall apply ex works including loading at the factory, but excluding packaging and unloading. Value added tax at the respective statutory rate shall be added to the prices.
2. In the absence of any special agreement, payment shall be made without any deduction á account of the Supplier, namely: 1/3 down payment after receipt of the order confirmation, 1/3 as soon as the Purchaser has been notified that the main parts are ready for dispatch, the balance within one month after the passing of risk.
3 The Purchaser shall only be entitled to withhold payments to the extent that its counterclaims are undisputed or have been finally determined by a court of law.
4 The Purchaser shall only be entitled to offset counterclaims from other legal relationships to the extent that they are undisputed or have been finally determined by a court of law.

III Delivery time, delay in delivery
1. The delivery time results from the agreements of the contracting parties. Compliance with the delivery period by the Supplier shall be subject to the condition that all commercial and technical questions between the contracting parties have been clarified and that the Purchaser has fulfilled all obligations incumbent upon it, such as the provision of the necessary official certificates or permits or the payment of a deposit. If this is not the case, the delivery period shall be extended accordingly. This shall not apply if the Supplier is responsible for the delay.
2. Compliance with the delivery period shall be subject to correct and timely delivery to the Supplier. The Supplier shall inform the Purchaser as soon as possible of any foreseeable delays.
3. The delivery period shall be deemed to have been complied with if the delivery item has left the Supplier's works before the expiry of the delivery period or if the Purchaser has been notified that the delivery item is ready for dispatch. If acceptance is required, the date of acceptance shall be decisive - except in the case of justified refusal of acceptance - alternatively the notification of readiness for acceptance.
4. If dispatch or acceptance of the delivery item is delayed for reasons for which the Purchaser is responsible, the Purchaser shall be charged, starting one month after notification of readiness for dispatch or acceptance, for the costs incurred by the delay. If non-compliance with the delivery time is due to force majeure, labor disputes or other events beyond the Supplier's control, the delivery time shall be extended accordingly. The Supplier shall notify the Purchaser of the beginning and end of such circumstances as soon as possible.
6. The Purchaser may withdraw from the contract without notice if the Supplier is finally unable to perform the entire contract before the passing of risk. In addition, the Purchaser may withdraw from the contract if, in the case of an order, the performance of part of the delivery becomes impossible and the Purchaser has a justified interest in refusing partial delivery. If this is not the case, the Purchaser shall pay the contract price attributable to the partial delivery. The same shall apply in the event of the Supplier's inability to perform. Otherwise, Section VII.2 shall apply. If the impossibility or incapacity occurs during the delay in acceptance or if the Purchaser is solely or predominantly responsible for these circumstances, he shall remain obliged to counter-performance.
7. If the Supplier is in default and if the Purchaser incurs damage as a result, he shall be entitled to demand a lump-sum compensation for default. It shall amount to 0.5% for each full
week of delay, but in total to a maximum of 5% of the value of that part of the total delivery which cannot be used on time or in accordance with the contract
as a result of the delay. If the Purchaser sets the Supplier - taking into account the statutory exceptions - a reasonable deadline for performance after the due date and if the deadline is not met, the Purchaser shall be entitled to rescind the contract within the scope of the statutory provisions. At the Supplier's request, the Purchaser undertakes to declare within a reasonable period of time whether it will exercise its right to rescind the contract. Further claims arising from delay in delivery shall be determined exclusively in accordance with Section VII.2 of these Terms and Conditions.

IV. Transfer of risk, acceptance
1. The risk shall pass to the customer when the delivery item has left the factory, even if partial deliveries are made or the supplier has assumed other services, e.g. the shipping costs or delivery and installation. If acceptance is required, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after the Supplier's notification of readiness for acceptance. The Purchaser may not refuse acceptance in the event of a non-essential defect.
2. If dispatch or acceptance is delayed or does not take place as a result of circumstances for which the Supplier is not responsible, the risk shall pass to the Purchaser on the date of notification of readiness for dispatch or acceptance. The Supplier undertakes to take out the insurances requested by the Purchaser at the Purchaser's expense.
3. Partial deliveries are permissible insofar as they are reasonable for the Purchaser.

V. Retention of title
1. The Supplier shall retain title to the delivery item until receipt of all payments - including for any additional ancillary services owed - under the delivery contract.
2. The Supplier shall be entitled to insure the delivery item against theft, breakage, fire, water and other damage at the Purchaser's expense, unless the Purchaser has demonstrably taken out the insurance itself.
3. The Purchaser may neither sell, pledge nor assign the delivery item as security. In the event of seizure or confiscation or other dispositions by third parties, he shall notify the Supplier thereof without delay.
4. In the event of conduct by the Purchaser in breach of the contract, in particular in the event of default in payment, the Supplier shall be entitled to take back the delivery item after issuing a reminder and the Purchaser shall be obliged to surrender it.
5. On the basis of the retention of title, the Supplier may only demand surrender of the delivery item if he has withdrawn from the contract.

VI. Claims for Defects
The Supplier shall be liable for defects as to quality and title of the delivery to the exclusion of any further claims - subject to Section VII - as follows:
Deficiencies
1. All those parts shall, at the Supplier's option, be repaired or replaced free of defects which prove to be defective as a result of a circumstance arising prior to the passing of risk
. The Supplier shall be notified in writing without delay of the discovery of such defects. Parts replaced shall become the property of the Supplier.
2. The Purchaser shall, after consultation with the Supplier, give the Supplier the necessary time and opportunity to carry out all repairs and replacement deliveries which appear necessary to the Supplier; otherwise the Supplier shall be released from liability for the consequences arising therefrom.
Only in urgent cases of danger to operational safety or to avert disproportionately 3. The Supplier shall bear - insofar as the complaint proves to be justified - the expenses necessary for the purpose of subsequent performance, insofar as this does not result in a disproportionate burden on the Supplier. Insofar as the expenses are increased by the fact that the Purchaser has taken the purchased item to a place other than the place of performance after delivery, any additional costs incurred as a result shall be borne by the Purchaser. In the event of the sale of a newly manufactured item, the Supplier shall also reimburse, to the extent of its statutory obligation, the expenses incurred by the Purchaser within the scope of recourse claims in the supply chain.
4. The Purchaser shall have a right to rescind the contract within the scope of the statutory provisions if the Supplier - taking into account the statutory exceptions - allows a reasonable period of time set for it for the repair or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the
Customer shall only be entitled to a reduction of the contract price. The right to reduce the contract price shall otherwise remain excluded.
5. Further claims shall be determined exclusively in accordance with Section VII. 2 of these Terms and Conditions.
6. No liability shall be assumed in particular in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the Buyer
or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable foundation soil, chemical, electrochemical or electrical influences - insofar as they are not the responsibility of the Supplier.
7. If the Buyer or a third party carries out improper repairs, the Supplier shall not be liable for the resulting consequences. The same shall apply to modifications of the delivery item made without the prior consent of the Supplier.
Legal defects
8. If the use of the delivery item leads to the infringement of industrial property rights or copyrights in Germany, the Supplier shall, at its own expense, generally procure the right for the Customer to continue using the delivery item or modify the delivery item in a manner reasonable for the Customer in such a way that the infringement of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period of time, the Purchaser shall be entitled to rescind the contract. Under the aforementioned conditions, the Supplier shall also be entitled to rescind the contract.
In addition, the Supplier shall indemnify the Purchaser against undisputed or legally established claims of the holders of the industrial property rights concerned.
9. The Supplier's obligations set forth in Section VI. 8 shall, subject to Section VII.2 in the event of infringement of industrial property rights or copyrights.
The obligations shall only exist if
- the Purchaser notifies the Supplier without undue delay of asserted infringements of industrial property rights or copyrights,
- the Purchaser supports the Supplier to a reasonable extent in defending the asserted claims or enables the Supplier to carry out the modification measures pursuant to Section VI. 8,
- the Supplier retains the right to take all defensive measures, including out-of-court settlements,
- the defect of title is not based on an instruction of the Purchaser and
- the infringement of rights was not caused by the fact that the Purchaser modified the delivery item without authorization or used it in a manner not in accordance with the contract.

VII. Liability of the Supplier, exclusion of liability
1. If the delivery item cannot be used by the Purchaser in accordance with the contract as a result of culpably omitted or faulty suggestions or advice given by the Supplier before or after conclusion of the contract, or as a result of
culpable infringement of other ancillary contractual obligations - in particular instructions for operation and maintenance of the delivery item
the provisions of Sections VI and VII.2 shall apply to the exclusion of further claims by the Purchaser. .
2. The Supplier shall be liable for damage not occurring to the delivery item itself - on whatever legal grounds - only
a. in the case of intent and gross negligence,
b. in the case of culpable injury to life, limb, health,
c. in the case of defects which it has fraudulently concealed,
d. within the scope of a guarantee promise,
e. in the case of defects in the delivery item, insofar as liability exists under the Product Liability Act for
personal injury or property damage to privately used items.
In the case of culpable breach of material contractual obligations, the Supplier shall also be liable in the case of simple negligence, but limited to reasonably foreseeable damage typical of the contract. Further claims are excluded.

VIII. Statute of limitations
All claims of the customer - on whatever legal grounds - shall become statute-barred after 12 months; this shall also apply to the statute of limitations for claims under a right of recourse in the supply chain pursuant to Section 445b (1) of the German Civil Code (BGB), provided that the last contract in this supply chain is not a purchase of consumer goods. The suspension of expiration from § 445b para. 2 BGB remains unaffected.
The statutory time limits shall apply to claims for damages under Section VII. 2 a-c and e. They shall also apply to defects in a building or to delivery items which have been used for a building in accordance with their customary use and have caused its defectiveness.

IX. Software use
If software is included in the scope of delivery, the customer shall be granted a non-exclusive right to use the delivered software including its documentation. It shall be provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited.
The Customer may only reproduce, revise, translate or convert the software from the object code into the source code to the extent permitted by law (§§ 69 a ff. UrhG [German Copyright Act]). The Purchaser undertakes not to remove manufacturer's information - in particular copyright notices - or to change them without the Supplier's prior express consent. All other rights to the software and the documentation, including copies, shall remain with the Supplier or the software supplier.
The granting of sublicenses is not permitted.

X. Applicable law, place of jurisdiction
1. All legal relations between the Supplier and the Purchaser shall be governed exclusively by the law of the
Federal Republic of Germany applicable to legal relations between domestic parties.
2. The place of jurisdiction shall be the court having jurisdiction over the Supplier's principal place of business. However, the Supplier shall be entitled to bring an action at the Purchaser's principal place of business.

State August 2019

For use opposite:

1. einer Person, die bei Abschluss des Vertrages in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit handelt (Unternehmer);
2. juristischen Personen des öffentlichen Rechts oder einem öffentlich-rechtlichen Sondervermögen.

I. Scope
These Terms and Conditions of Erection shall apply to erection work undertaken by a mechanical engineering company (erection contractor), unless otherwise agreed
in individual cases.

II. Installation price
1. The installation shall be invoiced in accordance with the appendix according to time calculation, unless a lump sum price has been expressly agreed.
2. The agreed amounts are exclusive of value added tax, which shall be additionally paid to the installation contractor at the statutory rate.

III. Cooperation of the Buyer
1. The Buyer shall support the installation personnel in carrying out the installation at its own expense.
2. It shall take the special measures necessary for the protection of persons and property at the installation site. He shall also inform the installation supervisor of existing special
safety regulations, insofar as these are of importance to the installation personnel. He shall notify the installation contractor of any violations of such safety regulations by the installation personnel. In the event of serious violations, he may, in consultation with the installation supervisor, refuse the violator access to the installation site.

IV. Technical assistance of the Buyer
1. The Buyer shall be obliged to provide technical assistance at his own expense, in particular to:
a. Provide the necessary suitable auxiliary workers (masons, carpenters, locksmiths and other skilled workers, manual workers) in the number and for the
necessary time required for the installation; the auxiliary workers shall follow the instructions of the installation supervisor. The installation contractor shall not assume any liability for the auxiliary workers. If any defect or damage has been caused by the Auxiliaries
due to instructions of the Installation Manager, Section VII and Section VIII shall apply.
b. Performing all earthwork, construction, bedding and scaffolding, including procurement of necessary building materials.
c. Providing necessary equipment and heavy tools (e.g., hoists, compressors) and necessary supplies and materials (e.g., scaffolding timbers, wedges, pads, cement, plaster and sealant materials, lubricants, fuels, driving ropes and belts).
d. Provide heating, lighting, operating power, water, including necessary connections.
e. Provision of necessary dry and lockable rooms for storage of erection personnel's tools.
f. Transportation of assembly parts at the assembly site, protection of the assembly site and materials from harmful influences of any kind, cleaning of the assembly site.
g. Provision of suitable, theft-proof recreation rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for
assembly personnel.
h. Provision of materials and performance of all other acts necessary for the adjustment of the item to be assembled and for the performance of any testing provided for in the
contract.
2. The Buyer's technical assistance shall ensure that the assembly can be started immediately after the arrival of the assembly personnel and can be performed without delay until acceptance by the Buyer. Insofar as special plans or instructions of the installation contractor are required, the latter shall make them available to the orderer in good time.
3. If the orderer does not comply with his obligations, the installation contractor shall be entitled, but not obliged, after setting a deadline, to carry out the actions incumbent on the orderer in his place and at his expense. In all other respects, the statutory rights and claims of the installation contractor shall remain unaffected.

V. Installation period, delay in installation
1. The installation period shall be deemed to have been complied with if the installation is ready for acceptance by the Purchaser by the time of its expiry or, in the case of contractually agreed testing, for its performance.
2. If the installation is delayed due to measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as the occurrence of circumstances for which the installation company is not responsible, the installation period shall be reasonably extended insofar as such obstacles demonstrably have a significant influence on the completion of the installation.
3. If the Customer suffers damage as a result of the installation company's delay, it shall be entitled to demand a lump-sum compensation for the delay. Such compensation shall amount to 0.5% for each full week of delay, but not more than a total of 5% of the installation price for that part of the plant to be installed by the installation company which cannot be used on time due to the delay. If the Ordering Party sets the installation contractor - taking into account the statutory exceptions - a reasonable deadline for performance after the due date and if the deadline is not met, the Ordering Party shall be entitled to withdraw from the contract within the framework of the statutory provisions.
The Ordering Party undertakes to declare within a reasonable period of time, at the request of the installation contractor, whether it will exercise its right of withdrawal.
Further claims due to delay shall be determined exclusively in accordance with Section VIII.3 of these Terms and Conditions.

VI. Acceptance
1. The customer shall be obliged to accept the installation as soon as he has been notified of its completion and any contractually stipulated testing of the installed item has taken place. If the assembly proves not to be in accordance with the contract, the assembly contractor shall be obliged to remedy the defect. This shall not apply if the
defect is insignificant for the interests of the Purchaser or is due to a circumstance attributable to the Purchaser. If the defect is not material, the Buyer may not refuse acceptance.
2. If acceptance is delayed through no fault of the installation contractor, acceptance shall be deemed to have taken place after two weeks have elapsed since notification of completion of the installation.
3. Upon acceptance, the liability of the installation contractor for identifiable defects shall cease, unless the Buyer has reserved the right to assert a specific defect.

VII. Claims for Defects
1. After acceptance of the installation, the installation Contractor shall be liable for defects in the installation to the exclusion of all other claims of the Purchaser, without prejudice to Nos. 5 and 6 and Section VIII, in such a way that it shall remedy the defects. The Purchaser shall notify the Contractor in writing without delay of any defect discovered.
2. The Contractor shall not be liable if the defect is insignificant for the interests of the Purchaser or is due to a circumstance for which the Purchaser is responsible.
3. The Contractor shall not be liable for the consequences of any modifications or repair work carried out improperly by the Purchaser or third parties without the prior consent of the Contractor. Only in urgent cases of danger to operational safety and to prevent disproportionate damage, in which case the installation company must be notified immediately, or if the installation company - taking into account the statutory exceptions - has allowed a reasonable deadline set for it to remedy the defect to expire fruitlessly, shall the Customer be entitled, within the framework of the statutory provisions, to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary costs from the installation company.
4. In the event of a justified complaint, the installation contractor shall bear the costs necessary to remedy the defect, insofar as this does not result in a disproportionate burden on the
installation contractor.
5. If the installation contractor - taking into account the statutory exceptions - allows a reasonable deadline set for him for the remedy of the defect to expire fruitlessly, the Buyer shall have a right to reduce the price within the framework of the statutory provisions. Only if the installation is demonstrably of no interest to the Customer despite the reduction, the Customer may withdraw from the contract.
6. Further claims shall be determined exclusively in accordance with Section VIII.3 of these Terms and Conditions.

VIII. Liability of the installation contractor, exclusion of liability
1. If an installation part supplied by the installation contractor is damaged during installation due to the fault of the installation contractor, the latter shall, at its discretion, either repair it or supply a new one at its own expense.
2. If the assembled item cannot be used by the
Customer in accordance with the contract as a result of culpably omitted or faulty suggestions or advice given by the Assembly Contractor before or after conclusion of the contract, or as a result of culpable breach of other ancillary contractual obligations - in particular instructions for operation and maintenance of the assembled item - the provisions of Sections VII and VIII shall apply to the exclusion of any further claims by theCustomer. 1 and 3.
3. The installation contractor shall only be liable for damage that has not occurred to the object of installation itself - on whatever legal grounds -
a. in the case of intent and gross negligence,
b. in the case of culpable injury to life, body, health,
c. in the case of defects that it has fraudulently concealed,
d. within the scope of a warranty promise,
e. insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects.
In the event of culpable breach of material contractual obligations, the installation contractor shall also be liable in the event of simple negligence, but limited to the damage typical of the contract,
which could reasonably be foreseen. Further claims are excluded.

IX. Limitation
All claims of the customer - on whatever legal grounds - shall become statute-barred after 12 months. For claims for damages according to Section VIII. 3 a-c and e, the statutory periods shall apply. If the installation contractor performs the installation work on a building and thereby causes its defectiveness, the statutory periods shall also apply.

X. Indemnification of the Purchaser
If, through no fault of the Contractor, the equipment or tools provided by the Contractor are damaged at the installation site or if they are lost through no fault of the Contractor, the Purchaser shall be obliged to indemnify the Contractor for such damage. Damage attributable to normal wear and tear shall not be taken into account.

XI. Applicable law, place of jurisdiction
1. The law of the Federal Republic of Germany applicable to the legal relationships between domestic parties shall apply exclusively to all legal relationships between the installation contractor and the customer.
2. The place of jurisdiction shall be the court competent for the registered office of the installation contractor. However, the installation contractor is entitled to file a suit at the headquarters of the purchaser.

State August 2019

For use opposite:

1. a person who, upon conclusion of the contract, acts in the exercise of his commercial or independent professional activity (entrepreneur);
2. legal entities under public law or a special fund under public law.

I. Conclusion of contract, information obligations, safety instructions
1. if there is an uncontradicted written order confirmation, this shall be decisive for the content of the contract and the scope of the repair.
2. If the object to be repaired is not supplied by the Contractor, the Customer shall point out any existing industrial property rights with regard to the object; provided that the Contractor is not at fault, the Customer shall indemnify the Contractor against any claims of third parties arising from industrial property rights.
3. The Customer shall inform the Contractor in writing and in good time of any contamination, possible residues hazardous to health in the items to be repaired as well as transport risks and other repair-related measures to be taken.

II. Nicht durchführbare Reparatur
1. Die zur Abgabe eines Kostenvoranschlages erbrachten Leistungen sowie der weitere entstandene und zu belegende Aufwand (Fehlersuchzeit gleich Arbeitszeit) werden dem
Kunden in Rechnung gestellt, wenn die Reparatur aus vom Auftragnehmer nicht zu vertretenden Gründen nicht durchgeführt werden kann, insbesondere weil
• der beanstandete Fehler bei der Inspektion nicht aufgetreten ist,
• Ersatzteile nicht zu beschaffen sind,
• der Kunde den vereinbarten Termin schuldhaft versäumt hat,
• der Vertrag während der Durchführung gekündigt worden ist.
2. Der Reparaturgegenstand braucht nur auf ausdrücklichen Wunsch des Kunden gegen Erstattung der Kosten wieder in den Ursprungszustand zurückversetzt zu werden, es sei denn, dass die vorgenommenen Arbeiten nicht erforderlich waren.
3. Bei nicht durchführbarer Reparatur haftet der Auftragnehmer nicht für Schäden am Reparaturgegenstand, die Verletzung vertraglicher Nebenpflichten und für Schäden, die nicht
am Reparaturgegenstand selbst entstanden sind, gleichgültig auf welchen Rechtsgrund sich der Kunde beruft.
Die Haftungstatbestände des Abschnitts XI.3 dieser Bedingungen gelten entsprechend.

III. Cost information, cost estimate
1. As far as possible, the Customer shall be given the estimated repair price when the contract is concluded, otherwise the Customer may set cost limits.
If the repair cannot be carried out at these costs or if the Contractor deems it necessary to carry out additional work during the repair, the
consent of the Customer shall be obtained if the stated costs are exceeded by more than 15%.
2. If a cost estimate with binding price estimates is desired before the repair is carried out, this shall be expressly requested by the Customer.
Such a cost estimate is - unless otherwise agreed - only binding if it is submitted in writing.
It shall be remunerated. The services rendered for the submission of the cost estimate shall not be charged to the Customer,
insofar as they can be utilized in the performance of the repair.

IV. Preis und Zahlung
1. Der Auftragnehmer ist berechtigt, bei Vertragsabschluss eine angemessene Vorauszahlung zu verlangen.
2. Bei der Berechnung der Reparatur sind die Preise für verwendete Teile, Materialien und Sonderleistungen sowie die Preise für die Arbeitsleistungen, die Fahrt- und Transportkosten
jeweils gesondert auszuweisen. Wird die Reparatur aufgrund eines verbindlichen Kostenvoranschlages ausgeführt, so genügt eine Bezugnahme auf den Kostenvoranschlag,
wobei nur Abweichungen im Leistungs- umfang besonders aufzuführen sind.
3. Die Mehrwertsteuer wird in der jeweiligen gesetzlichen Höhe zusätzlich zu Lasten des Kunden berechnet.
4. Eine etwaige Berichtigung der Rechnung seitens des Auftragnehmers und eine Beanstandung seitens des Kunden müssen schriftlich spätestens vier Wochen nach Zugang der Rechnung erfolgen.
5. Die Zahlung ist bei Abnahme und Aushändigung oder Übersendung der Rechnung ohne Skonto zu leisten.
6. Die Zurückhaltung von Zahlungen wegen etwaiger vom Auftragnehmer bestrittener Gegenansprüche des Kunden ist nicht statthaft.
7. Die Aufrechnung wegen etwaiger vom Auftragnehmer bestrittener Gegenansprüche des Kunden aus anderen Rechtsverhältnissen ist nicht statthaft.

V. Customer's cooperation and technical assistance in case of repair outside Contractor's works
1. Customer shall assist the repair personnel in carrying out the repair at its own expense.
2. Customer shall take the special measures necessary for the protection of persons and property at the repair site.
He shall also inform the repair manager of any existing special safety regulations, insofar as these are of
importance to the repair personnel. He shall notify the Contractor of any violations of such safety regulations by the repair personnel.
In the event of serious violations, he may, in consultation with the repair manager, refuse the violator access to the repair site.
3. Customer shall be obliged to provide technical assistance at his own expense, in particular to:
a. Provide the necessary suitable auxiliary personnel in the number and for the time required for the repair; the auxiliary personnel shall follow the instructions of the
Repair Manager. The Contractor shall not assume any liability for the auxiliaries. If the Auxiliaries have caused a defect or damage as a result of the
Repair Manager's instructions, the provisions of Sections X and XI of these Conditions shall apply accordingly.
b. Undertaking all construction, bedding and scaffolding work, including procurement of necessary construction materials.
c. Providing the necessary equipment and heavy tools and the necessary supplies and materials.
d. Provision of heating, lighting, operating power, water, including necessary connections.
e. Providing necessary dry and lockable rooms for storage of repair personnel's tools.
f. Protecting the repair site and materials from harmful influences of any kind, cleaning the repair site.
g. Providing suitable, theft-proof recreation rooms and workrooms
(with heating, lighting, washing facilities, sanitary facilities) and first aid for the repair personnel.
h. Provision of materials and performance of all other acts necessary for the adjustment of the object of repair and for the performance of any testing
provided for in the contract.
4. Customer's technical assistance shall ensure that the repair can be started immediately upon arrival of the repair personnel and can be performed without delay until acceptance by Customer. If special plans or instructions of the Contractor are required, the Contractor shall provide them to the Customer in due time.
5. If the Customer fails to comply with its obligations, the Contractor shall be entitled, but not obliged, after setting a deadline, to perform the actions incumbent upon the Customer in the Customer's place and at the Customer's expense. Otherwise, the Contractor's statutory rights and claims shall remain unaffected.

VI. Transport and insurance in case of repair at the Contractor's works
1. Unless otherwise agreed in writing, a transport to and from the object of repair - including any packaging and loading - carried out at the Customer's request shall be carried out at the Customer's expense, otherwise the object of repair shall be delivered by the Customer to the Contractor's premises at the Customer's expense and shall be collected again by the Customer after the repair has been carried out at the Contractor's premises.
2. The Customer shall bear the transport risk.
3. At the Customer's request, the outward and, if applicable, the return transport shall be insured against the insurable transport risks, e.g. theft, breakage, fire, at the Customer's expense.
4. There shall be no insurance cover during the repair time at the Contractor's works. Customer shall ensure that the existing insurance coverage for the object of repair is maintained, e.g. with regard to fire, tap water, storm and machine breakage insurance. Insurance cover for these risks can only be procured at the express request and expense of Customer.
5. In the event of Customer's delay in taking delivery, Contractor may charge storage fees for storage at its works. The object of repair may also be stored elsewhere at the
Contractor's discretion. The costs and risk of storage shall be borne by the Customer.

VII. Repair period, repair delay
1. The information on repair periods is based on estimates and is therefore not binding.
2. The agreement of a binding repair period, which must be designated as binding, can only be requested by the Customer when the scope of the work has been precisely determined.
3. The binding repair period shall be deemed to have been complied with if, by the time it expires, the object to be repaired is ready for acceptance by the Customer, or, in the case of a contractually stipulated trial, for its performance.
4. In the case of additional and extension orders placed later or in the case of necessary additional repair work, the agreed repair period shall be extended accordingly.
5. If the repair is delayed due to measures within the scope of industrial disputes, in particular strike and lockout, as well as the occurrence of circumstances for which the Contractor is not responsible, then, insofar as such obstacles are demonstrably of considerable influence on the completion of the repair, an appropriate extension of the repair period shall occur.
6. If the Customer incurs damage as a result of the Contractor's delay, then the Customer shall be entitled to demand a lump-sum compensation for delay. It shall amount to 0.5% for each full week of delay, but in total not more than 5% of the repair price for that part of the item to be repaired by the Contractor which cannot be used in due time due to the delay.
If the Customer sets the Contractor - taking into account the statutory exceptions - a reasonable deadline for performance after the due date and if the deadline is not met, the Customer shall be entitled to withdraw from the contract within the framework of the statutory provisions. He undertakes to declare within a reasonable period of time at the Contractor's request whether he will exercise his right of withdrawal.
Further claims due to default shall be determined exclusively in accordance with Section XI. 3 of these Terms and Conditions.

VIII. Acceptance
1. The Customer shall be obliged to accept the repair work as soon as he has been notified of its completion and any contractually stipulated testing of the
repair item has taken place. If the repair proves not to be in accordance with the contract, the Contractor shall be obliged to remedy the defect. This shall not apply if the defect is insignificant for the interests of the Customer or is based on a circumstance attributable to the Customer. If there is a non-essential defect, the Customer may not refuse acceptance.
2. If acceptance is delayed through no fault of the Contractor, acceptance shall be deemed to have taken place after two weeks have elapsed since notification of completion of the repair.
3. Upon acceptance, the Contractor's liability for identifiable defects shall cease, unless the Customer has reserved the right to assert a specific defect.

IX. Retention of title, extended lien
1. The Contractor shall retain title to all accessories, spare parts and replacement units used until receipt of all payments under the repair contract. Further security agreements may be made.
2. The Contractor shall be entitled to a lien on the Customer's repair item that has come into its possession on the basis of the contract because of its claim under the repair contract. The lien may also be asserted on account of claims arising from work previously carried out, spare parts deliveries and other services, insofar as they are connected with the object to be repaired. The right of lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or have become res judicata.

X. Claims for defects
1. After acceptance of the repair, the Contractor shall be liable for defects of the repair to the exclusion of all other claims of the Customer without prejudice to No. 5 and 6 and Section XI
of these Terms and Conditions in such a way that it shall remedy the defects. The Customer shall immediately notify the Contractor in writing of any defect discovered.
2. The Contractor shall not be liable if the defect is insignificant for the interests of the Customeror is based on a circumstance attributable to the Customer. This applies particularly with regard to the parts provided by the customer.
3. In the case of any modifications or repair work carried out improperly on the part of the customer or third parties without the prior consent of the contractor, the liability of the contractor for the resulting consequences is suspended. Only in urgent cases of endangerment of operational safety and to avert disproportionately large damages, whereby the contractor is to be notified immediately, or if the contractor - under consideration of the legal exceptions - a reasonable period set for him to removal of defects has elapsed fruitlessly, the customer has within the legal provisions the right to remedy the defect itself or by third parties and to demand compensation from the contractor for the necessary costs.
4. In case of a justified complaint, the contractor shall bear the costs required for the removal of defects,as far as this does not cause a disproportionate burden on the contractor.
5. If the contractor - taking into account the statutory exceptions - a him set reasonable deadline for the elimination of defects fruitlessly, the customer has within the framework of the statutory provisions a right to reduce. Only if the repair is demonstrably without interest for the customer despite the reduction, the customer may rescind the contract.
6. Further claims are determined exclusively in accordance with Section XI.3 of these terms and conditions.

XI. Liability of the contractor, exclusion of liability
1. If parts of the object to be repaired are damaged through the fault of the contractor,the contractor shall, at its option, repair them at its own expense, deliver new or provide replacement. The costs to be incurred for this purpose shall be limited in amount to the contractual repair price in the event of slight negligence. In addition, for damage to the object of repair according to Section XI.3 of these Terms and Conditions.
2. If the object of repair as a result of the Contractor culpably omitted or incorrect proposals or advice, which took place before or after the conclusion of the contract, or by the culpable breach of other contractual collateral obligations - in particular instructions for operation and maintenance of the object of repair - cannot be used by the customer in accordance with the contract, the provisions of Sections X and XI shall apply to the exclusion of further claims of the customer. 1 and 3 of these terms and conditions.
3. For damage that has not occurred to the object of repair itself, the contractor is liable - for whatever legal reasons - only
a. in case of intent and gross negligence,
b. In the event of culpable injury to life, limb, health,
c. in the event of defects which he has fraudulently concealed,
d. within the scope of a warranty promise,
e. as far as according to product liability law for personal injury or property damage to privately used objects is liable..

In the event of culpable breach of material contractual obligations, the Contractor shall also be liable in the event of simple negligence, but limited to the reasonably foreseeable damage typical for the contract. Further claims are excluded.

XII. Statute of limitations
All claims of the customer - for whatever legal reasons - are subject to a statute of limitations of 12 months. For claims for damages according to Section XI. 3 a-c and e of these Terms and Conditions, the statutory periods shall apply. If the Contractor performs the repair work on a building and thereby causes its defectiveness, the statutory periods shall also apply.

XIII. Customer's compensation
If, during repair work outside the Contractor's works, the devices or tools provided by the Contractor are damaged at the repair site through no fault of the Contractor or if they are lost through no fault of the Contractor, the Customer shall be obliged to compensate for such damage. Damage attributable to normal wear and tear shall not be taken into account.

XIV. Applicable Law, Place of Jurisdiction
1. All legal relations between the Contractor and the Customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to legal relations between domestic parties.
2. The place of jurisdiction shall be the court competent for the Contractor's registered office. However, the Contractor shall be entitled to bring an action at the Customer's principal place of business.