Allmänna villkor (AGB)

(1) Our General Terms and Conditions of Sale ("Terms and Conditions of Sale") shall apply to all contracts concluded on or after 1 December 2025 which primarily relate to the delivery of movable goods ("Goods") to buyers whose relevant business address is in Germany. Any additional obligations assumed shall not affect the validity of these Terms and Conditions of Sale.

(2) Our Terms and Conditions of Sale shall apply exclusively; we do not recognise any terms and conditions of the Buyer that conflict with or deviate from our Terms and Conditions of Sale or from the statutory provisions unless we have expressly agreed to their validity in writing. Our silence with regard to the Buyer's terms and conditions shall not be deemed to be acknowledgement or consent. Our Terms and Conditions of Sale shall also apply if we accept the Buyer's performance without res-ervation or render our services without reservation in the knowledge that the Buyer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale. Our Terms and Conditions of Sale shall also apply in place of any terms and conditions of the Buyer if, according to these, our acceptance of the order is intended as unconditional acceptance of the terms and conditions, or if we deliver after the Buyer has indicated the validity of his terms and conditions, unless we have expressly waived the validity of our Terms and Conditions of Sale.

(3) Our Terms and Conditions of Sale shall only apply if the Buyer is an entrepreneur(§ 14 BGB [German Civil Code]), a legal entity under public law or a special fund under public law.

(4) References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply insofar as they are not directly amended or expressly excluded in these Terms and Conditions of Sale.

(1) Our offers are subject to change and non-binding. The conclusion of the contract always requires our written order confirmation.

(2) The order of the goods by the Buyer is a binding contractual offer. Unless otherwise stated in the order, we may accept this contractual offer within fourteen (14) days of its receipt by means of our order confirmation.

(3) The Buyer is obliged to inform us in writing prior to the conclusion of a contract if (a) the goods to be delivered are not to be suitable exclusively for normal use or if the Buyer assumes a certain suita-bility for use, (b) the goods are used under unusual conditions or are exposed to particular stresses, (c) the goods are used under conditions that pose a particular health or safety risk, (d) the goods are to be used outside Germany or delivered to customers of the Buyer located outside Germany, (e) public statements by the manufacturer or other third parties (e.g. advertising statements) are decisive for the Buyer's purchase decision or (f) in the event of defective deliveries, typical contractual dam-ages exceeding 200% of the net purchase price of the goods are conceivable. Unless expressly agreed otherwise, the goods must only comply with the regulations applicable for use in Germany.

(4) Our information on the goods (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximate, unless the usability for the contractually intended purpose requires exact conformi-ty. They do not constitute a guarantee of the quality or durability of the goods to be supplied by us. Any guarantees to be assumedby us at the time of conclusion of the contract require express written confirmation as a "guarantee".

(5) Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permitted, provided they do not impair the usability for the contractually intended purpose. Changes to models, designs and materials are also permitted provided they do not impair the usabil-ity for the contractually intended purpose.

(6) We are not obliged to provide services that are not listed in our written order confirmation or in these General Terms and Conditions of Sale. In particular, we are not obliged to provide planning services, to hand over documents not expressly agreed or to provide information or accessories, to install additional protective devices, to provide assembly instructions, to carry out assembly work or to advise the Buyer.

(7) With the exception of acceptance of the goods in accordance with § 433 para. 2 BGB, acceptance of the goods is not agreed.

(8) With the conclusion of the contract, we do not assume any procurement risk within the meaning of § 276 BGB (German Civil Code), even if we are obliged to deliver goods of a certain type. In addition, even if we are obliged to deliver goods of a certain type, we are not obliged to procure the parts re-quired for the fulfilment of the contract elsewhere in the event of non-availability of the service within the meaning of § 3 para. 7 of these Terms and Conditions of Sale if the associated costs are disad-vantageous for us compared to the costs of congruent coverage within the meaning of § 3 para. 7 of these Terms and Conditions of Sale and the Buyer is also not prepared to bear these additional costs. Furthermore, we do not assume any guarantee for the goods.

(9) All agreements made between us and the Buyer for the purpose of executing this contract at the time of conclusion of the contract are set out in writing in the contract and these Terms and Condi-tions of Sale.

(10) We reserve all property rights and copyrights to samples, illustrations, drawings, calculations and other documents disclosed or provided to the Buyer by us. This also applies to written documents that are labelled "confidential". The Buyer requires our express written consent before passing them on to third parties.

(1) If no other delivery modality has been agreed, delivery shall be EXW Incoterms® 2020 to the de-livery address specified in our order confirmation or, if no delivery address is specified in our order confirmation, EXW Franz-Kleine-Straße 28, 33154 Salzkotten/Germany Incoterms® 2020.

(2) The transfer of risk shall take place upon delivery. If the delivery is delayed because we make use of our right of retention due to the Buyer's default in payment in whole or in part, or for any other rea-son for which the Buyer is responsible, the risk shall pass to the Buyer at the latest from the date of receipt of the notification to the Buyer that the goods are ready for dispatch and/or performance.

(3) The start of the delivery period stated by us is subject to the clarification of all technical ques-tions. Compliance with our delivery obligation also requires the timely and proper fulfilment of all ob-ligations on the part of the Buyer. The defence of non-performance of the contract remains reserved.

(4) Agreed delivery periods shall not constitute a fixed-date transaction.

(5) We are entitled to make partial deliveries and render partial services within the agreed delivery pe-riods or by the agreed delivery date, insofar as this is reasonable for the Buyer.

(6) If the Buyer requests changes to the goods after conclusion of the contract, this shall result in an extension of the delivery period - provided that we agree to these changes, which we are not obliged to do. Depending on the order situation, the extension period may be longer than would be necessary to merely implement the change requests.

(7) If we are unable to meet binding delivery deadlines or delivery dates for reasons for which we are not responsible (non-availability of the service), we shall be entitled to postpone the service for the duration of the hindrance and we shall inform the Buyer of this immediately and at the same time in-form the Buyer of the expected new delivery deadline or the new delivery date. If the service is also not available within the new delivery period or on the new delivery date for reasons for which we are not responsible, we shall be entitled to withdraw from the contract in whole or in part; we shall imme-diately reimburse any consideration already paid by the Buyer. A case of non-availability of the ser-vice in this sense includes, in particular, the situation where, despite proper congruent coverage (i.e. despite a contractual agreement with our supplier whereby the Buyer's claim for performance can be fulfilled in accordance with the contract in terms of quantity, quality and performance period) we are not supplied on time by our supplier for reasons beyond our control. Events of force majeure of not insignificant duration (i.e. lasting longer than 14 calendar days) shall also count as cases of non-availability of the service in this sense. Force majeure shall include armed conflicts, strikes, lockouts, official interventions, shortages of energy and raw materials through no fault of our own, transport bottlenecks or obstacles through no fault of our own, operational hindrances through no fault of our own (e.g. due to fire, water or machine damage) and all other hindrances which, from an objective point of view, have not been culpably caused by us. This Section 3 (7) of these Terms and Conditions of Sale shall not apply if we have assumed a procurement risk within the meaning of Section 276 BGB.

(8) If the Buyer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

(9) The Buyer shall only be entitled to withdraw from the contract due to late delivery and/or non-delivery if we are in default with the fulfilment of the main obligations incumbent on us or have other-wise materially breached obligations arising from the contract and we are responsible for the default or breach of duty. In order to bring about default, without prejudice to other statutory provisions, a written request to us to perform our service within a reasonable period of time is always required, even if the performance date is determined by the calendar. In all other respects, the statutory provi-sions shall apply to the occurrence of default.

(10) Should we be in default of delivery in accordance with the statutory requirements, taking into account the provisions set out in these Terms and Conditions of Sale, and should the Buyer have claims for damages against us due to default, our liability in the event of default of delivery shall be limited to 0.5% of the net price agreed with the Buyer for the goods not delivered or delivered late for each completed week of default, but to a maximum of 5% of the net price agreed with the Buyer for the goods not delivered or delivered late. Claims (a) for fraudulent breach of contract, (b) for inten-tional and grossly negligent breach of contract, (c) for assumption of a procurement risk within the meaning of Section 276 BGB, (d) for injury to life, limb and health and (e) in the event of liability under the Product Liability Act shall remain unaffected.

(11) Insofar as we bear the risk of transport in deviation from § 3 para. 1 of these Terms and Condi-tions of Sale, the Buyer shall be obliged to notify the carrier of any externally visible loss of or dam-age to the freight at the latest upon delivery by the carrier and to mark the loss or damage sufficiently clearly. If the loss or damage is not externally visible, the loss or damage must be reported to the carrier within seven (7) days of delivery at the latest and the loss or damage must be sufficiently clearly marked. The notification must be made in writing. Notwithstanding the provisions of § 5 (4) to (6) of these Terms and Conditions of Sale, the Buyer is obliged to send us a copy of this notification without delay.

(1) Unless otherwise stated in our order confirmation, our prices are EXW Incoterms® 2020 including packaging.

(2) The Buyer shall be obliged to pay the full purchase price and other agreed ancillary costs without discount on the agreed date or, if no such date has been agreed, upon issue of the invoice to the account designated by us free of costs and charges. The date on which payment is credited to our account shall determine whether payment has been made on time. The agreed price shall cover the services for which we are responsible excluding packaging. Statutory value added tax is shown sepa-rately and must be paid by the buyer in addition to the purchase price.

(3) The statutory provisions shall apply to default of payment. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to assert further claims for damages caused by delay. Our claim to commercial interest on ar-rears in accordance with § 353 HGB remains unaffected vis-à-vis merchants.

(4) The Buyer shall only be entitled to set-off and retention rights if its counterclaims have been legally established, are undisputed or recognised by us or are based on the same contractual relationship.

(5) If the Buyer fails to pay due invoices, exceeds the payment terms granted or if its financial situa-tion deteriorates after conclusion of the contract or if we receive information after conclusion of the contract which casts doubt on the Buyer's solvency or creditworthiness, we shall be entitled (a) to declare the Buyer's entire remaining debt due and payable and to demand advance payment or provi-sion of security, amending the agreements made, (b) to demand immediate payment of all our claims based on the same legal relationship after delivery has been made, and (c) to raise the defence of uncertainty in accordance with § 321 BGB.

(1) The statutory provisions shall apply to the Buyer's rights in the event of material defects and de-fects of title (including incorrect and short delivery as well as improper assembly and/or defective assembly instructions), unless otherwise specified below. In all cases - even if this is not mentioned separately below - the statutory provisions remain unaffected

- if the unprocessed goods are sold to a consumer at the end of the supply chain, even if the consumer has processed them further (supplier recourse pursuant to § 478 BGB); however, the provisions of § 478 BGB shall not apply if (a) the defective goods have been processed further by the Buyer or another entrepreneur, for example by incorporation into another product; if (b) the defective goods are mixed, firmly connected or blended with other items by the Buyer or another entrepreneur; or if (c) the goods sold by us are not acquired on the basis of a purchase contract.

- according to § 439 para. 2 and para. 3 BGB (reimbursement of the expenses necessary for the purpose of subsequent fulfilment) as well as expenses according to § 439 para. 6 sentence 2 BGB, provided that the goods sold by us are a newly manufactured item, unless the claim is time-barred in accordance with these terms and conditions of sale.

- according to § 445a BGB (recourse of the Buyer against us in the event that it has to bear ex-penses in relation to its customer within the scope of subsequent fulfilment according to § 439 para. 2 and/or para. 3 and/or para. 6 sentence 2 BGB and/or § 475 para. 4 BGB and/or due to breach of the obligation to update according to § 475b para. 4 BGB), unless the claim is time-barred in accordance with these Terms and Conditions of Sale.

- according to § 327u BGB.

(2) The goods are defective if they deviate from the subjective requirements according to § 434 para. 2 BGB, from the objective requirements according to § 434 para. 3 BGB or from the assembly requirements according to § 434 para. 4 BGB at the time of the transfer of risk. The specifications stat-ed in our order confirmation, together with the quality agreements contained in these Terms and Conditions of Sale, conclusively reflect the agreed qualities. Only those accessories and instructions (including assembly and installation instructions) that are expressly stated in our order confirmation are agreed. Public statements made by the manufacturer or other third parties (e.g. advertising statements) which the Buyer has not pointed out to us as being decisive for its purchase shall not constitute a material defect. There shall be no material defect in the goods if the malfunctions or deviations are attributable to suppliers or designs or other instructions specified by the Buyer and we did not have positive knowledge of the malfunctions or deviations.

(3) The goods shall only be deemed to have legal defects if, at the time of transfer of risk, they are not free from rights enforceable in Germany. However, if the goods are not free of rights enforceable in Germany at the time of the transfer of risk and this is due to instructions from the Buyer, there is no defect of title in deviation from § 5 para. 3 sentence 1.

(4) Claims for defects on the part of the Buyer presuppose that the Buyer has properly fulfilled its obligations to give notice of defects in accordance with §§ 377, 381 HGB (German Commercial Code), taking into account the provisions contained in these Terms and Conditions of Sale.

(5) The Buyer shall notify us in writing of any obvious material defects without delay, but at the latest within seven (7) calendar days of delivery of the goods. The Buyer is also obliged to inspect the goods immediately after delivery. The Buyer must notify us in writing of any material defects that are apparent upon proper inspection immediately after the Buyer has discovered or should have discov-ered the material defect. Hidden material defects must be reported immediately after their discovery. For the avoidance of doubt, an inspection is not a necessary prerequisite for a complaint. In addition, the Buyer is obliged to ensure that building materials and other goods intended for installation or other further processing are inspected for material defects immediately prior to processing.

(6) The notification must be sent to us directly and in writing. It must be worded so precisely that we can initiate remedial measures and secure recourse claims against our suppliers without making fur-ther enquiries to the Buyer. In all other respects, the complaint must comply with the statutory provi-sions. Our employees are not authorised to accept notices of defects or issue warranty statements outside our business premises.

(7) Insofar as a material defect in the goods is notified in good time, we shall be obliged, at our dis-cretion, to provide subsequent fulfilment in the form of rectification of the defect or delivery of a new item free of defects. Our right to refuse subsequent fulfilment under the statutory conditions remains unaffected. The subsequent fulfilment can take place at our discretion at our registered office or at the place of use of the goods. We shall not be liable for any expenses incurred as a result of the goods being transported to a location other than the Buyer's place of business unless the buyer has informed us in writing in its order prior to conclusion of the contract that the goods will be transported to a location other than its place of business and we have expressly agreed to this. In the event of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions. Subsequent fulfilment does not include the removal of the defective item or its reinstalla-tion if we were not originally obliged to install it. We are entitled to make the subsequent fulfilment owed dependent on the Buyer paying the purchase price due. However, the Buyer is entitled to retain a portion of the purchase price commensurate with the defect.

(8) If the goods sold by us are a newly manufactured item, we are - without waiving the statutory pro-visions and those contained in these Terms and Conditions of Sale, in particular without waiving the objection of disproportionality pursuant to § 439 para. 4 BGB - within the scope of subsequent fulfilment, we shall be obliged to reimburse the Buyer for the necessary expenses for the removal of the defective goods and the installation or attachment of the repaired or delivered defect-free goods, provided that the Buyer has installed the defective goods in another item or attached them to another item in accordance with their type and intended use.

(9) If the proper rectification or replacement delivery does not take place within the reasonable period set by the Buyer, the Buyer shall be entitled to withdraw from the contract or demand a reduction in price in compliance with the statutory provisions. There is no need to set a deadline if setting a dead-line is not required by law. This is the case, for example, if a rectification has failed. A rectification shall be deemed to have failed after the third unsuccessful attempt - in each case in relation to the specific individual defect - unless the nature of the defect or other circumstances indicate otherwise.

(10) Insofar as the Buyer has suffered damage or incurred futile expenses due to a defect in goods delivered by us, the provisions of § 6 of these Terms and Conditions of Sale shall apply in addition. However, in the case of delivery of used goods, we shall not be liable for damages and expenses - except for liability under the situations specified in § 6 para. 2 b) and § 6 para. 5 of these Terms and Conditions of Sale; instead, in the case of delivery of used goods, the Buyer's warranty rights (i.e. the Buyer's rights due to breach of duty in the form of delivery of defective goods) shall be limited to the remedies specified in § 5 para. 7 and § 5 para. 9 of these Terms and Conditions of Sale.

(11) With the exception of the cases regulated in § 5 para. 12 of these Terms and Conditions of Sale, any claims of the Buyer for delivery of new defective goods shall become statute-barred two (2) years after the statutory commencement of the limitation period and for used defective goods one (1) year after the statutory commencement of the limitation period. The suspension of expiry under Section 327u BGB and Section 445b (2) BGB (limitation period for recourse claims in the supply chain) shall remain unaffected in any case.

(12) Notwithstanding § 5 (11) of these Terms and Conditions of Sale, the statutory warranty periods shall apply

- for claims in accordance with § 438 Para. 1 No. 1 BGB (claims if the defect consists of a right in rem of a third party, on the basis of which the return of the purchased item can be demanded, or in another right that is entered in the land register);

- if the goods are a newly manufactured item that is a building and/or an item that has been used for a building in accordance with its normal use and has caused its defectiveness;

- if the Buyer's claims are based on an intentional and/or grossly negligent breach of contract;

- in the event of fraudulent concealment of a defect;

- if a guarantee is given for the quality of the goods;

- in the event of the assumption of a procurement risk within the meaning of § 276 BGB;

- for claims due to injury to life, body and/or health;

- for claims under the Product Liability Act.

A reversal of the burden of proof is not associated with the above provisions.

(13) Replacement delivery or rectification of defects shall not result in new limitation periods commencing.

(14) Notwithstanding any further statutory provisions, the suspension of the limitation period shall also end if the inhibiting negotiations are not continued for more than four (4) weeks. A new commencement of the suspension of the limitation period for claims by the Buyer requires our express written confirmation in all cases.

(1) Our liability for damages and expenses shall be governed by the following provisions in addition to the above provisions in § 5 of these Terms and Conditions of Sale. Subject to a limitation period pursuant to § 5 para. 11 in conjunction with § 5 para. 12 of these Terms and Conditions of Sale, the statutory provisions shall remain unaffected in all cases - even if this is not mentioned separately below

- according to § 327u BGB;

- according to § 445a BGB (recourse of the Buyer against us in the event that he has to bear ex-penses in relation to its customer within the scope of subsequent fulfilment according to § 439 pa-ra. 2 and/or para. 3 and/or para. 6 sentence 2 BGB and/or § 475 para. 4 BGB and/or due to violation of the obligation to update according to § 475b para. 4 BGB);

- according to § 478 BGB (special provisions for the entrepreneur's recourse in the case of a consumer goods purchase), unless (a) the defective goods were processed further by the Buyer or another entrepreneur, for example by installation in another product; (b) the defective goods were mixed, firmly connected or blended with other items by the Buyer or another entrepreneur; or (c) the goods sold by us were not acquired by the consumer on the basis of a purchase contract; and

- our obligation to bear the expenses necessary for the purpose of subsequent fulfilment pursuant to § 439 para. 2 and/or para. 3 BGB as well as expenses pursuant to § 439 para. 6 sentence 2 BGB, provided that the goods sold by us are a newly manufactured item, whereby such a claim presupposes that the claim for subsequent fulfilment pursuant to § 439 para. 1 BGB has not be-come statute-barred in accordance with these Terms and Conditions of Sale.

(2) Our liability for damages or futile expenses of the Buyer shall only arise if the damage or the futile expenses a) have been caused by a culpable breach of an obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Buyer may regularly rely (essential contractual obligation), or b) are due to a grossly negligent or wilful breach of duty.

(3) If we are liable pursuant to § 6 para. 2 a) of these Terms and Conditions of Sale for the breach of a material contractual obligation, our liability for damages shall be limited to the typically occurring damage foreseeable at the time of conclusion of the contract. However, if the breach of the material contractual obligation occurs in connection with the delivery of goods, for example in the form of the delivery of defective goods, our liability for damages shall be limited to 200% of the net purchase price of the goods concerned agreed with the Buyer, provided that this is less than the typically oc-curring damage foreseeable at the time the contract was concluded. Section 3 (10) of these Terms and Conditions of Sale shall apply to damages caused by delay.

(4) The above limitations of liability in § 6 para. 2 to para. 3 of these Terms and Conditions of Sale shall not apply to liability (a) under the Product Liability Act, (b) for the assumption of a guarantee for the quality of the goods, (c) for the assumption of a procurement risk within the meaning of § 276 BGB, (d) for fraudulent concealment of a defect, (e) for damages resulting from culpable injury to life, body or health and (f) for damages resulting from gross negligence or wilful breach of duty.

(5) With the exception of liability (a) under the Product Liability Act, (b) for the assumption of a guar-antee for the quality of the goods, (c) for the assumption of a procurement risk within the meaning of § 276 BGB, (d) for fraudulent concealment of a defect, (e) for damages arising from culpable injury to life, limb or health and (f) for damages based on gross negligence or wilful breach of duty, liability for damages arising from the delivery of used goods is excluded.

(6) The Buyer's obligation to minimise damages in accordance with § 254 BGB remains unaffected. Any agreement between the Buyer and its customers which aggravates the Buyer's statutory liability to its detriment shall constitute a breach of this duty to minimise damages and - insofar as the Buy-er's statutory liability has been aggravated to its detriment - shall result in the exclusion of any claim for compensation against us.

(7) We shall be obliged to pay compensation for damages due to a breach of contractual and/or pre-contractual obligations owed to the Buyer exclusively in accordance with the provisions of these Terms and Conditions of Sale. Any recourse to competing bases for claims, e.g. fault upon conclu-sion of the contract pursuant to Section 311 (3) BGB, positive breach of contract pursuant to Section 280 BGB or tortious claims pursuant to Section 823 BGB is excluded. Insofar as our liability for dam-ages is excluded or limited, this shall also apply to the personal liability of our executive bodies, em-ployees, workers, representatives and vicarious agents.

(8) The above provisions in § 6 of these Terms and Conditions of Sale shall apply subject to

- § 327u BGB;

- § 445a BGB (recourse of the Buyer against us in the event that he has to bear expenses in relation to his customer within the scope of subsequent fulfilment in accordance with § 439 para. 2 and/or para. 3 and/or para. 6 sentence 2 BGB and/or § 475 para. 4 BGB and/or due to breach of the obligation to update in accordance with § 475b para. 4 BGB);

- § 478 BGB (special provisions for the entrepreneur's recourse in the case of a consumer goods purchase; however, the provisions of § 478 BGB shall not apply if (a) the defective goods have been processed further by the Buyer or another entrepreneur, for example by in-corporation into another product; if (b) the defective goods are mixed, firmly connected or blended with other items by the Buyer or another entrepreneur; or if (c) the goods sold by us are not acquired on the basis of a purchase contract); as well as subject to

- the expenses to be borne by us for the purpose of subsequent fulfilment in accordance with § 439 para. 2 and/or para. 3 BGB as well as expenses in accordance with § 439 para. 6 sentence 2 BGB, provided that the goods sold by us are a newly manufactured item,

also for claims of the Buyer for reimbursement of expenses.

(9) We do not assume any contractual indemnification obligations towards the Buyer. At the Buyer's request and in lieu of payment to the Buyer, we must indemnify the Buyer against third-party claims only to the extent that the Buyer would have its own claim for damages against us on the basis of the provisions set out in these General Terms and Conditions of Sale.

(1) We reserve title to the goods sold until full payment of all our current and future claims arising from the contract (secured claims). Unless the Buyer has paid in advance or a cash transaction within the meaning of Section 142 of the German Insolvency Code (InsO) exists, we reserve title to the goods sold for all present and future claims (secured claims) arising from the current business rela-tionship.

(2) The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The Buyer must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties seize the goods belonging to us.

(3) In the event of breach of contract by the Buyer, in particular non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and then demand the return of the goods on the basis of the retention of title.

(4) If the Buyer processes the goods further subject to retention of title in the ordinary course of busi-ness, the retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods, a third party right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered subject to retention of title.

(5) If the Buyer resells the goods subject to retention of title in the ordinary course of business, the Buyer hereby assigns to us by way of security the resulting claim against the purchaser - in the case of co-ownership of the Seller in the goods subject to retention of title in proportion to the co-ownership share. The same applies to other claims that take the place of the reserved goods or oth-erwise arise with regard to the reserved goods, such as insurance claims or claims arising from unau-thorised action in the event of loss or destruction. We accept the assignment. We revocably authorise the Buyer to collect the claims assigned to us in its own name. We are entitled to revoke this direct debit authorisation if the Buyer is in default of payment, if the Buyer fails to meet its payment obliga-tions to us or if we have exercised our right under § 7 (3) of these Terms and Conditions of Sale.

(6) If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the Buyer's request.

(1) The place of delivery is specified in § 3 (1) of these Terms and Conditions of Sale. The place of payment and fulfilment for all other obligations arising from the contract with the Buyer is Franz-Kleine-Straße 28, 33154 Salzkotten/Germany. These regulations also apply if services rendered are to be cancelled. However, we reserve the right to carry out subsequent fulfilment at the place where the goods are located.

(2) These Terms and Conditions of Sale and the contractual relationship between us and the Buyer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Con-vention on Contracts for the International Sale of Goods.

(3) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the state courts responsible for 33154 Salzkot-ten/Germany shall have exclusive jurisdiction for disputes arising from the contract. However, in all cases we are also entitled to bring an action at the Buyer's general place of jurisdiction. Prioritised legal provisions, in particular those relating to exclusive competences, remain unaffected.

(1) Subject to § 354a of the German Commercial Code (HGB), the Buyer shall not be entitled to assign to a third party its rights against us arising from the concluded contract and these Terms and Condi-tions of Sale without our prior written consent.

(2) When reselling the goods and carrying out such transactions, the Buyer shall observe and comply with all provisions of foreign trade law, including the American (re-)export control regulations.

(3) Notwithstanding Section 15 (1) of the European Packaging Regulation (VerpackungsG), we shall only take back the packaging referred to therein at our place of business if the Buyer does not return the aforementioned packaging immediately after delivery at the place where the packaging is handed over and in such good time that no waiting times arise for us or any third parties commissioned by us.

(4) Neither a handwritten signature nor an electronic signature is required to comply with the written form requirement. Notifications by fax or e-mail as well as other forms of text in accordance with § 126b BGB (German Civil Code) shall satisfy the written form requirement within the meaning of these Terms and Conditions of Sale.

(5) The personal data required for conducting business transactions shall be stored and treated con-fidentially in compliance with the applicable data protection regulations.

As of: November 2025