General Conditions of Sale and Delivery

General

1. The following terms and conditions apply to all contracts, deliveries and other services with the shop owner (the "Seller") specified in the imprint regarding legal transactions with consumers via the online shop of the Seller (hereinafter referred to as "A", as well as regarding legal transactions with merchants in terms of the German Commercial Code ["HGB"] and companies in terms of § 14 of the German Civil Code [BGB"] (commercial customers) in any form (hereinafter referred to as "B"), particularly also via the online shop with the special offer for "commercial customers" contained therein. Deviating regulations of customers do not apply unless the Seller has confirmed this in writing. Individual agreements between the Seller and the customers always take priority.

2. The business relationships between the Seller and the customer are subject to the law of the Federal Republic of Germany. For consumers this choice of law applies only insofar as the conferred protection is not withdrawn by mandatory provisions of the law of the country of habitual residence of the consumer. Application of the UN Sales Convention is excluded.

3. The contract language is German.

4. Place of jurisdiction is the origin of the shop owner, specified in the imprint, insofar as the customer is a merchant or a legal entity under public law or special fund under public law. The same applies if the customer has no general place of jurisdiction within Germany or if the place of residence or of habitual residence is not known at the time of institution of proceedings.

A. General terms and conditions for legal transactions with consumers via the online shop

§ 1 Subject matter of the contract and conclusion of contract

1.In the online shop the Seller offers customers new and used goods, especially pneumatic products, for sale.

2. When buying in the online shop, a purchase contract is established when the Seller accepts the order of the customer. The order constitutes an offer to the Seller to conclude a purchase contract. Pricing in the online shop does not represent an offer in the legal sense. When a customer places an order in the online shop, he receives an e-mail, which confirms the receipt of his order and lists the details of the order (order confirmation). This order confirmation does not represent an acceptance of the order, but only informs the customer that an order with specific contents has been received. A purchase contract is only established when the ordered product is dispatched to the customer and the dispatch has been confirmed by a second e-mail to the customer (dispatch confirmation). Besides this, the customer has the option of enquiring about a specific item by telephone, e-mail or fax. After receipt of such an enquiry, the Seller submits a relevant, non-binding offer by e-mail, telephone or fax to the customer. The customer then has the option to place a binding order. The customer then receives a notification, which confirms the receipt of his order and lists the details of the order (order confirmation). This order confirmation does not represent an acceptance of the order, but only informs the customer that an order with specific contents has been received. The contract is only established by the acceptance of the offer by the Seller, namely by dispatching the goods and by sending a dispatch confirmation.

3. The text of the contract can no longer be viewed after the order. The customer is therefore requested, to save the contract text.

§ 2 Prices, shipping costs, sales tax and payment

1. For orders via the online shop, the prices stated there, apply. All prices are inclusive of statutory sales tax.

2. The prices are exclusive of shipping and packaging costs, which are indicated to the customer before placement of the order.

3. The Seller's shipment to customers is done according to the following methods of payment, preferred by the customer: Prepayment (by bank transfer), on account, cash on delivery or by credit card. If the customer chooses prepayment by bank transfer, the payment must be made not later than 14 calendar days after confirmation of order. For delivery on account, payment is due at the latest 8 calendar days after date of invoice. If payment is cash on delivery, the purchase price plus shipping costs and c.o.d. charges become due upon delivery and presentation of the c.o.d. note by the appointed transport company.

4. If a customer comes into default of payment obligations, the Seller can claim damages according to legal regulations and/or can withdraw from the contract.

5. The Seller always issues an invoice to the customer, which is handed over to him upon delivery or else is sent to him in text form.

§ 3 Delivery and transfer of risk

1. Provided that nothing to the contrary has been agreed, the ordered goods are delivered to the address specified by the customer. Delivery takes place from the warehouse of the Seller.

2. The availability of individual goods is specified in the item descriptions. If goods are in stock, the Seller will dispatch within 2 working days after dispatch of the order confirmation, unless explicitly agreed otherwise (in case of prepayment by bank transfer: within 2 working days after receipt of payment). If the goods are designated as not in stock for a purchase via the online shop, the Seller will endeavour to deliver as soon as possible. Statements by the Seller regarding delivery periods are non-binding, provided that the delivery period has not been confirmed bindingly in exceptional cases.

3. The Seller reserves the right to make partial deliveries if this is deemed to be advantageous for expeditious handling and the partial delivery is not unreasonable to the customer, in exceptional cases. Additional costs arising from partial deliveries are not for the account of the customer.

4. The Seller reserves the right to withdraw from the obligations of a contract if the goods, which were supposed to be delivered by a supplier on the day of delivery, are not delivered in total or partially. This self supply reservation only applies if the Seller is not himself responsible for the non-delivery. The Seller is not obliged to be held responsible for the lacking performance, provided that a so-called hedging transaction for the fulfilment of the contractual obligations has been concluded. If the goods are not delivered, the Seller will immediately inform the customer about this situation and reimburse an already paid purchase price as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery.

§ 4 Retention of title

Delivered goods remain the property of the Seller until fulfilment of all claims under the contract. If the customer is a legal entity under public law or a special fund under public law, then also beyond the current business relationship, until fulfilment of all claims to which the Seller is entitled in connection with the contract.

§ 5 Set-off, right of retention

1. The customer shall have a right of set-off only if his counter-claims have been accepted by the Seller or have been legally confirmed.

2. The customer shall be entitled to exercise a right of retention provided that his counter-claim is based on the same contractual relationship.

§ 6 Liability for material defects and defects of title

1. If defects exist, the customer is entitled to warranty rights in accordance with the following provisions. If merchants are involved in the contract, §§ 377 et seq. of the German Commercial Code shall apply additionally.

2. Damages resulting from improper acts of the customer during erection, connection, operation or storage of the goods do not justify a warranty claim against the Seller. The customer can find instructions regarding proper handling in the manufacturer's instructions.

3. The customer must notify the Seller of any defects within a warranty period of two years for new goods and within one year for used goods. The above liability limitations do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods. The above liability limitations also do not apply to damage claims of the customer, which are based on compensation for injury to body or health or are based on wrongful intent or gross negligence by the Seller or his agents. The above limitations do not apply to defects of a building or an object, which was used in accordance with its customary use for a building and which has caused its defectiveness. The above limitations also do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods, and also not to damage claims of the customer, which are based on compensation for injury to body or health or based on wrongful intent or gross negligence by the Seller or his agents.

4. If defects exist and were claimed in good time, the Seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Apart from that, the legal provisions apply.

§ 7 Obligations to provide information in case of transport damages

If goods with obvious damage to the packaging or the contents are delivered, the customer must immediately lodge a complaint with the hauler/freight company without prejudice to his warranty rights (A. § 6) and must immediately make contact with the Seller by e-mail or other means (fax/mail) in order to allow the Seller to safeguard his rights against the hauler/freight company.

§ 8 Liability disclaimer

1. The Seller's liability is unlimited beyond the liability for material defects and defects of title, if the cause of the damage is based on intent or gross negligence. The Seller is also liable for a minor negligent breach of essential obligations (breach of obligations, which put the achievement of the contractual purpose at risk) as well as for the breach of cardinal obligations (obligations which must be complied with for the proper execution of the contract, and on the compliance of which the customer regularly relies), however, only for the foreseeable damages typical of the contract. The Seller is not liable for minor negligent breach of obligations other than the above obligations.

2. The liability limitations of the previous paragraph do not apply to the violation of life, limb and health in case of a defect after assumption of a guarantee for the condition of the goods, and also not in case of fraudulently concealment of defects. Liability in terms of the Product Liability Act remains unaffected.

3. If the liability of the Seller is excluded or limited, this also applies to the personal liability of his employees, representatives and agents.

§ 9 Data Protection

1. The customer is aware of and he agrees that the personal data required for the processing of the order may be saved on data medium by the Seller. The customer explicitly agrees to the collection, processing and use of his personal data. Of course, the saved personal data will be treated as confidential by the Seller. Collection, processing and use of the customer's personal data is in compliance with the Federal Data Protection Act ["BDSG"] and the German Telemedia Act ["TMG"].

2. The customer is entitled to revoke his consent with effect for the future at any time. In this case the Seller is obliged to immediately delete the personal data of the customer. In case of order processes which are in progress, deletion is done upon completion of the order process.

Advice concerning the right of revocation for distance contracts

1. Right of cancellation: You have the right to cancel this agreement within 14 days, without the need to specify any reason. The cooling-off period runs for 14 days from the date on which you or a third party nominated by you, who is not the carrier, took possession of the latest delivery of goods. To exercise your right of cancellation, you should issue an unequivocal declaration (e.g. a letter sent by post, fax or e-mail), advising the shop owner (the "Seller") specified in the imprint of your decision to cancel this agreement.

2. Implications of cancellation: If you cancel this agreement, we are obliged to refund all payments we have received from you, including delivery costs (but excluding any additional costs resulting from your selecting a form of delivery other than the best standard delivery offered by us), immediately and no later than 14 days from the date we receive your cancellation of this agreement. We shall make this refund using the same means of payment as used by yourself for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you incur any charges in connection with this refund. We may refuse to issue the refund until we have received the returned goods or until you provide evidence that you have returned the goods, whichever is provided the soonest. You must return or transfer the goods to us immediately and, in any event, no later than 14 days from the date of your instructing us to cancel this agreement. The period is ensured, if you return the goods before the 14 day period has expired. You will bear the direct costs of returning the goods. You should only be required to pay compensation for any loss in value of the goods if, on inspecting the condition, features and functionality of the goods, this loss in value is attributable to any unnecessary handling by you.

3. Exclusion of right of cancellation: There is no right of cancellation for agreements: a) for the delivery of goods that are not ready-made and for whose manufacture an individual selection or specification by the consumer is essential or which are clearly custom-made for the consumer, b) for the delivery of goods which may quickly deteriorate or whose expiry date is soon to be exceeded, c) for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal was removed after delivery, d)- for the delivery of goods, if, following delivery and on account of their nature, these goods were inextricably combined with other goods, e) for the delivery of audio or video recordings or computer software in sealed packaging, if the seal was removed after delivery.

- End of the declaration of revocation -

B. General sales and delivery conditions for commercial customers

§ 1 Subject matter of the contract and conclusion of contract

1. The customer has the option of enquiring about a specific item by telephone, e-mail or fax. After receipt of such an enquiry, the Seller submits a relevant, non-binding offer by e-mail, telephone or fax to the customer. The customer then has the option to place a binding order. The customer then receives an order confirmation by e-mail, mail or fax, which confirms the receipt of his order and lists the details of the order. This order confirmation represents the acceptance of his offer by the Seller, so that the contract is established by the order confirmation.

2. When purchasing in the online shop, the customer submits a binding order via the provided ordering system by selecting the type and quantity of the goods and services listed there. The order constitutes an offer to the Seller to conclude a purchase contract. Presentation and pricing in the online shop by the Seller does not represent an offer in the legal sense. When a customer places an order in the online shop, he gets an e-mail, a letter or a fax, which confirms the receipt of his order and lists the details of the order (order confirmation). The purchase contract is established by the order confirmation. The text of the contract can no longer be viewed after the order. The customer is therefore requested, to save the contract text.

§ 2 Prices, shipping costs, sales tax and payment

1. Unless agreed otherwise, the prices of the Seller are ex factory plus statutory VAT, excluding packaging costs and excluding customs, other ancillary costs or fees of whatever nature. Consignment note date stamp, siding fees and cartage are for the account of the customer. In case of increases of wage, material or raw material costs, manufacturing or transport costs etc. the Seller is entitled to charge the valid prices on the day of dispatch. This does not apply if the agreed deliveries and services are to be performed within 4 months after conclusion of the contract.

2. The prices are exclusive of dispatch and packaging costs.

3. The Seller's shipment to customers is done according to the following methods of payment, preferred by the customer: Prepayment (by bank transfer), on account, cash on delivery or by credit card. If the customer chooses prepayment by bank transfer, the payment must be made not later than 14 calendar days after confirmation of order. For delivery on account, payment is due at the latest 8 calendar days after date of invoice. If payment is cash on delivery, the purchase price plus shipping costs and c.o.d. charges become due upon delivery and presentation of the c.o.d. note by the appointed transport company.

4. For orders, which were established via the online shop of the Seller, the following regulations apply primarily: Payment must be made in accordance with the conditions of the order. The prices indicated in the online shop apply to the relevant packaging units / roll lengths. If rolls are cut, then cutting costs will be charged, which will be communicated to the customer by the Seller separately.

5. The Seller always issues an invoice to the customer, which is handed over to him upon delivery, or else is sent to him in text form.

6. If a customer comes into default of payment obligations, the Seller can claim damages according to legal regulations and/or can withdraw from the contract. In any case the customer is obliged to pay default interest of 8 percentage points above the relevant base interest rate. The Seller reserves the right to prove a higher interest rate by presenting a bank certificate and to assert it. Furthermore a flat rate compensation amount of EUR 5.00 must be paid for every reminder expressed by the Seller, if the customer cannot prove lesser damage.

7. If the Seller accepts bills or cheques, these are only accepted in fulfilment. The bills must be discountable. Discount charges and all other costs are for the account of the customer and must be paid within 8 days.

8. In case of settlement by bills, the Seller can demand immediate payment of all open - also not yet due - otherwise uncontested deliveries, if invoiced discount charges are not paid within 8 days, received bills are not discounted by a bank, discounted bills are re-debited or a bill is not honoured. The same applies if a cheque of the customer is not honoured or if the customer comes into default with a payment.

9. If severe financial problems occur with the customer after conclusion of contract, or bill or cheque protests occur, the Seller is entitled to demand payments in advance or the provision of security for all deliveries, which must still be made under contracts arising from the same legal relationship (§ 273 of the German Civil Code ["BGB"]. Should the customer not comply with this demand, the Seller is entitled to withdraw from these contracts and demand damages due to breach of duty after notification of a deadline of 14 days without any special proof, amounting to 10 % of the non-performed order total, unless the customer proves lesser damage. In case of payment default, the default interest agreed in Paragraph 7 above becomes due.

10. In the event of payment by cheque/bill, final payment shall only be deemed to have been made when the bill or the cheque has been cashed. The extended right of retention of title remains in force until final payment.

§ 3 Set-off, right of retention

The customer does not have a right of retention of title. The rights pursuant to § 320 of the German Civil Code ["BGB"] are, however, maintained, for as long and insofar as the Seller has complied with his obligations regarding replacement or remedy due to a defect.

§ 4 Packaging

1. The type of packaging is at the discretion of the Seller. Packaging is charged at cost price.

2. Packaging material will only be taken back if this has been explicitly agreed. Else return is excluded insofar as the Seller has engaged a suitable disposal company for the disposal in terms of the Packaging Ordinance in its relevant valid version. In this case the customer is obliged to keep the packaging material and to hand it over to the disposal company. If it has been agreed that the customer renounces his right of return in return for a flat rate disposal compensation, then the customer is obliged to hand over the packaging to an acknowledged disposal company, which guarantees proper disposal according to the Packaging Ordinance.

3. Reusable packaging is only made available on a loan basis by the Seller. Return of the packaging unit must be communicated to the Seller in writing by the customer within 14 days and the packaging must be provided. Failing this, the Seller is entitled to demand 20 % of the acquisition price for every week after the 3rd week (however, not exceeding the full acquisition price) after a reminder, as a loan fee, or to invoice the value of the packaging immediately, which becomes due for payment immediately after receipt. Apart from that, the following applies to merchants, legal entities under public law and special funds under public law: Packaging material which is owned by third parties is supplied in the name of and on behalf of these owners. It should be noted that the suppliers of packaging material can charge rental fees if the packaging material is not returned in time, which will be for the account of the customer, provided that the customer is responsible.

§ 5 Acceptance

1. In principle the customer must collect the completed goods (obligation to collect), provided that no other agreement has been explicitly made. If this is not done within a reasonable period of time, or if the customer requests dispatch in accordance with his order, then the Seller is entitled to dispatch the goods for the account of the customer. The goods are deemed to have been delivered upon leaving the premises of the Seller (dispatch sale).

2. Acceptance of the goods is deemed to have been accomplished at the time of collection, or in case of dispatch the time of dispatch.

3. The Seller is entitled to make partial deliveries, unless this cannot reasonable be expected from the customer. Partial deliveries do not entitle retention of payment for delivered goods.

§ 6 Dispatch

1. The risk passes over to the customer when the goods are handed over to the forwarding agent or carrier, but not later than leaving the premises of the Seller.

2. Unless specifically instructed, the means of transport and the transport route are left to the jurisdiction of the Seller with exclusion of any liability. B.§ 12 applies apart from that. Ready-for-dispatch goods must be collected immediately, else the Seller is entitled to store the goods at the customer's risk and expense and to regard the goods to have been delivered ex factory.

§ 7 Insurance

Upon request of the customer the goods will be insured against transport damage and breakage. In this case the Seller will charge the costs incurred, but will not assume any responsibility for the execution of the dispatch. B.§ 6 applies apart from that. It is the customer's responsibility to insure the goods at his own cost against fire damage and danger of explosion upon delivery or after arrival at the destination. He bears the risk alone, also regarding damage cases of whatever kind, provided that nothing else has been agreed.

§ 8 Delivery time

1. Delivery dates or deadlines, which have not been agreed explicitly to be binding, are exclusively non-binding information. This also applies to delivery times, which are indicated in the online shop on order confirmations or are notified in delivery date information (particularly by e-mail or fax). The delivery time stated by the Seller only starts after all details of the transaction and technical queries have been clarified and both parties agree on all conditions of the transaction. In the same way the customer is obliged to duly comply with all obligations incumbent on him.

2. If the underlying contract is a fixed date transaction in terms of § 286 Par. 2 No. 4 of the German Civil Code ["BGB"] or § 376 of the German Commercial Code ["HGB"], the Seller is liable according to the legal provisions. The same applies if the customer is entitled to claim the discontinuance of his interest in the further fulfilment of the contract. In these instances the liability of the Seller is limited to the foreseeable, typical damage, if the delivery delay is not due to a deliberate breach of the contract by the Seller, whereby negligence of our representatives or agents is attributable to the Seller. In the same way the Seller is liable to the customer in case of delivery delay in accordance with the legal provisions, if the delivery delay is due to deliberate or gross negligent breach of the contract by the Seller, whereby negligence of the Seller's representatives or agents is attributable to the Seller. The liability of the Seller is limited to the foreseeable, typical damage, if the delivery delay is not due to a deliberate breach of the contract by the Seller.

3. If a delivery delay of the Seller is attributable to a breach of material contractual obligations, whereby negligence of the Seller's representatives or agents is attributable to the Seller, the Seller is liable according to the legal provisions, with the condition that in this case the liability for damages is limited to the foreseeable, typical damage.

4. Else the customer can claim a flat rate compensation amounting to 2 % of the value of the delivery value for every full week of a delivery delay attributable to the Seller, however, not more than 10 % of the value of the delivery.

5. Liability beyond this for a delivery delay attributable to the Seller is excluded. Further legal claims and rights of the customer, to which he is entitled besides the damages claim for a delivery delay attributable to the Seller, remain in force.

6. If the customer is in default of acceptance, then the Seller is entitled to demand compensation for incurred losses or any possible additional costs. The same applies if the customer culpably breaches obligations to cooperate. Upon occurrence of acceptance or debtor's default, the risk of accidental degradation and accidental loss passes to the customer. /p>

7. If the Seller does not receive or does not receive correctly or does not receive in time, deliveries or services from his sub-suppliers, or in the event of force majeure, the Seller will notify the customer in due time. In this case the Seller is entitled to delay the delivery with the duration of the encumbrance, or to withdraw totally or in part from the contract due to the non-performed portion, provided that he has complied with the obligation to provide information and has not explicitly assumed the risk of procurement. Equivalent to force majeure are strikes, lock-outs, interventions of authorities, energy and raw material scarcity, transport bottlenecks and operational through no fault on the part of the Seller, operational hindrances through no fault on the part of the Seller, for instance due to fire, water or damage to machinery, and all other hindrances, which, upon objective consideration, have not been culpably caused by the Seller.

§ 9 Retention of title

1. The Seller reserves title to the delivered goods until complete settlement of all claims arising out of the business relationship, irrespective of legal grounds. The extended retention of title applies until payment of all claims originating from the business relationship with the customer and until complete exemption of contingent liabilities, which the Seller has assumed in the interest of the customer. The Seller is entitled to reclaim his goods under retention of title for good cause, in particular in the event of default of payment after demand, taking into account the utilisation proceeds, without this being considered to be a withdrawal from the contract. In this case the customer is obliged to surrender the goods. In case of seizure by third parties, the customer is obliged to point out the retention of title of the Seller and must notify the Seller immediately, and must hand over all documents which are necessary to object to these proceedings.

2. If the goods under retention of title are processed by the customer into a new movable item, then the processing is effected for the Seller, without the Seller being obligated thereby and the goods become the Seller's property. In case of processing together with goods not belonging to the Seller, the Seller acquires co-ownership of the new goods in the ratio of the value of the goods under retention of title to the value of the other goods processed at the time of processing. If the goods under retention of title are combined, mixed or blended with goods not belonging to the Seller in terms of §§ 947, 948 of the German Civil Code ["BGB"], then the Seller acquires co-ownership according to the legal provisions. If the customer acquires sole ownership through combination, mixing or blending, then he hereby assigns co-ownership to the Seller according to the ratio between the value of the goods under retention of title and the value of the other goods at the time of joining, mixing or blending. In these cases the customer is obliged to store the goods in ownership or co-ownership, which are also regarded to be goods under retention of title in the sense of the above stipulations, at no cost.

3. If goods under retention of title are sold alone or together with goods, which do not belong to the Seller, the customer hereby, i.e. at the time of conclusion of the contract, assigns the claims arising from the resale with all incidental rights and priority over other claims, amounting to the value of the goods under retention of title and the Seller accepts the assignment. The value of the goods under retention of title is the invoice amount of the Seller, which, however, shall not be applied to the extent that rights of third parties are enforceable against it. If the sold goods under retention of title are co-owned by the Seller, then the assignment of the claims shall include the sum that corresponds to the value of the share of the co-ownership.

4. If the goods under retention of title are installed as an essential part of a real estate, ship, ship under construction or aircraft of a third party, then the customer hereby assigns the arising, assignable claims for compensation against the third party or other interested parties, amounting to the value of the goods under retention of title with all incidental rights, including the right of debt-securing mortgage, with priority over other claims, to the Seller and the Seller accepts the assignment. Paragraph 3, sentence 2 and sentence 3 apply respectively.

5. The customer is entitled and authorised to the resale, use or installation of the goods under retention of title only in the usual proper course of business and only under the condition that the claims are actually assigned to the Seller as referred to in paragraph 3 and 4. The customer is not entitled to any other disposal of the goods under retention of title, especially not for purposes of pledging or chattel mortgage. The customer is only allowed assignment by way of genuine factoring on condition that we are notified of the factoring bank and the accounts held there by the customer and that the value of the factoring proceeds does not exceed the value of our secured claim. Upon receipt of the factoring proceeds, the Seller's claim becomes due immediately.

6. The customer authorises the Seller, subject to revocation, to collect the assigned claims in terms of paragraphs 3 to 5. The Seller will not exercise his right to collect the claims as long as the customer complies with his payment obligations, including his payment obligations towards third parties. At the Seller's request the customer shall name the debtors of the claims assigned and notify them of such assignment. The Seller shall be entitled to inform the debtors of the assignment.

7. Upon discontinuation of payment and/or application and commencement of insolvency proceedings, the right for resale, utilisation or installation of the goods under retention of title or the authorisation for withdrawal of the assigned claims shall expire; in the event of a cheque or bill protest, the collection authorisation also expires. This does not apply to the rights of the insolvency administrator.

8. If the value of the granted securities exceeds the claims (where applicable reduced by deposits and partial payments) by more than 20 %, then the customer is obliged to reassign or release the securities at his discretion. Upon redemption of all of the Seller's claims from the business connection, the ownership of the goods under retention of title and the assigned claims will be transferred to the customer.

§ 10 Inadmissible subsequent delivery

Export of the items supplied by the Seller in an unmodified condition by the customer or his customers is not allowed, unless the Seller has explicitly agreed thereto and entitles the Seller to a claim for damages. Items which were ordered for export may not be supplied to a domestic customer, neither in the unmodified nor in a modified condition, and also not to a different foreign customer than the destination country stated in the order.

§ 11 Notice of defects, liability for material defects

1. The Seller is only liable for defects in the following way: The customer must immediately inspect the received goods for quantity and condition. Obvious defects must be reported in writing within a period of 14 days. For mutual commercial transactions between merchants, § 377 of the German Commercial Code ["HGB"] remains unaffected. Defects discernible upon delivery must also be reported to the transport company and recording of the defects must be arranged by him. Notice of defects must include a description of the defects in as much detail as possible. If quantity and weight deviations according to the above inspection obligations were discernible upon delivery, the customer must report these defects to the carrier and have the carrier certify the complaint.

2. If the customer detects defects of the goods, he may not dispose of them, i.e. the goods may not be divided, resold or processed, until agreement has been reached regarding the handling of the complaint or until proceedings to secure evidence by an expert, instructed by the Chamber of Commerce and Industry of our Head Office, have been concluded.

3. The customer is obliged, to make available the rejected goods or samples thereof to the Seller for the purpose of testing the claim. In the event of culpable refusal, liability will be waived.

4. In the event of a justified claim, the Seller is entitled to determine the type of supplementary performance (replacement, rework), taking into consideration the type of the defect and the justified interests of the customer. If the supplementary performance fails, or is not possible or is unreasonable for the customer, the customer can reduce the purchase price or withdraw from the contract.

5. The customer must immediately inform the Seller if a case of material defect liability arises at one of his customers.

6. Defect claims do not exist for only insignificant deviation from the agreed condition,for only insignificant impairment of usability, for normal wear or tear as for damages, which arise after the transfer of risk as a result of wrong or negligent handling, excessive loading, unsuitable operating material, defective construction work, unsuitable building soil or special external influences, which are not covered by the contract. If the customer or third parties perform improper maintenance work or modifications, no claim for defects exists for these actions and for consequences resulting from them.

7. Claims of the customer for expenses which were necessary to perform the supplementary performance, particularly transport, travel and material costs, are excluded if the costs increase because the delivered goods were subsequently brought to a different location than the branch office of the customer, unless the transportation is consistent with the goods' intended use.

8. Rights of recourse of the customer against the Seller only exist insofar as the customer has not concluded any agreements with his customer, which goes beyond the defect claims as prescribed by law. Paragraph 6 applies correspondingly for the scope of right of recourse of the customer against the Seller.

9. The Seller is obliged according to the legal requirements to take back the new goods or to reduce the purchase price, even without the otherwise required setting of a deadline, if the customer of the customer as consumer of the sold new goods (consumer goods sale) could demand the take-back of the goods or a reduction of the price from the customer due to the defect of the goods, or if the customer is faced with an identical resulting right of recourse. In addition the Seller is obliged to compensate the customer for particularly transport, travel and material costs, which the customer had to bear from the relationship with the end user within the framework of supplementary performance resulting from a defect of the goods during transfer of risk. The claim is excluded if the customer has not properly complied with his notification duties as a merchant in terms of § 377 of the German Commercial Code ["HGB"].

10. The obligation in terms of B.§ 11 Paragraph 8 is excluded if the defect is based on advertising statements or other contractual agreements, which do not originate from the Seller, or if the customer has given a special guarantee to the end user. The obligation is also excluded if the customer himself was not obliged toward the end consumer to perform the material defects liabilities, or if he has not made this notification regarding a claim that was made against him. This also applies if the customer has taken over guarantees towards the end user, which go beyond the legal requirements. B.§ 11 Paragraph 4 applies correspondingly for the scope of right of recourse of the customer.

11. The acknowledgement of defects and notifications must be made in writing.

12. Material defect claims expire in 12 months. This does not apply if the law stipulates longer expiry periods in terms of §§ 438 Par. 1 No. 2 (Construction Work and Objects for Construction Work), § 479 Par. 1 (Right of Recourse) and § 634a Par. 1 No. 2 (Construction Defects), § 202 Par. 1 of the German Civil Code ["BGB"] (Liability for Intention).

13. B.§ 12 applies apart from that for claims for damages.

§ 12 General liability limitation

1. Irrespective of the following liability limitations, the Seller is liable in terms of the legal provisions for damage to life, limb and health, which are based on a negligent or intentional breach by its organs and managerial staff or its agents, as well as for damages, of which liability is covered in terms of the Product Liability Act. For damages, which are not covered by B.§ 11 Par. 1 and are based on intentional or grossly negligent breach of contract and for malice by its organs and managerial staff or its agents, the Seller is liable in terms of the legal provisions. However, in this case the liability for damages is limited to the foreseeable, typical damage if the Seller's organs, managerial staff or its agents have not acted intentionally negligent. Within the framework of this warranty, the Seller is also liable to the extent that he has issued a condition and/or durability guarantee for the goods or parts thereof. However he is only liable for damages, which are based on the absence of the guaranteed condition or durability, but do not occur directly on the goods, if the risk of such damages is obviously covered by the condition and durability warranty.

2. The Seller is also liable for damages he has caused through slightly negligent breach of such contractual obligations, which enable the performance of the contract and on which the customer relies regularly and may rely on. However, the Seller is only liable to the extent that the damages are typically in connection with the contract and are foreseeable.

3. Liability beyond this without regard to the legal nature of the asserted claim is excluded. This particularly applies to tort liability or liability for futile expenses instead of performance, and for all consequential damages, like for instance recall costs and lost profit. Liability in terms of B.§ 8 paragraphs 2 to 5 remains unaffected by this. If the Seller's liability is excluded or limited, this also applies to the personal liability of his employees, workers, personnel, representatives and agents.

4. Other claims for damages by the customer expire one year after delivery of the goods. This does not apply to violations of life, limb or health caused by the Seller his organs, managerial staff or its agents, or if his organs and managerial staff have acted grossly negligent, or if his simple agents have acted intentionally.

§ 13 Other rights to withdrawal, contractual penalty and compensation

1. The Seller reserves the right to withdraw from the contract in writing if the customer has made wrongful statements regarding his person, commercial standing or creditworthiness, or if he discontinues his payments, applies for insolvency proceedings or if insolvency proceedings are opened over his assets. If the Seller avails himself of a vested contractual or legal right of withdrawal, he is entitled to charge the customer a flat rate of 25 % of the value of the order, besides the enforcement of claims for damages, for his expenditures, depreciation, compensation for grant of use and reimbursement for all damages, which resulted from use of the goods not in conformance with the contract. For special products he can charge the full price.

2. If the Seller is entitled to claim for damages due to a breach of obligations or cancellation of the contract - unless something else has bee agreed explicitly or in these provisions - a flat rate compensation of at least 25 % of the order amount is agreed. Notwithstanding the stated flat rate amounts stated here, the Seller reserves the right to make a concrete calculation of damages. The customer reserves the right to prove lesser damage.

§ 14 Data Protection

1. The data required for the conclusion of the contract is saved in the IT department of the Seller for fast and error-free processing. Processing of the data is done in accordance with the Federal Data Protection Act and the Telecommunications Act.

2. The Seller will perform data exchange with other credit service companies, like for instance SCHUFA, for purposes of credit rating and monitoring of creditworthiness.

3. The Seller reserves the right to provide customer data in a permissible way to other companies for the dispatch of information material and also reserves the right to use this data for own advertising purposes. If the Customer does not agree, he simply sends a short message to the shop owner, listed in the imprint.

4. The Seller shall not utilise or pass on customer data beyond the scope, as stipulated in paragraphs 1 to 3.

§ 15 Final clause

Any possible ineffectiveness of one of the above provisions shall not affect the validity of all other provisions. The ineffective provision shall be replaced by a provision, which complies with the spirit of the other conditions.