General Terms and Conditions for the Supply of Machinery and Spare Parts

For use by SINGLE Group GmbH or its subsidiaries (hereinafter referred to as the ‘Supplier’) in dealings with:

1. A person who, at the time of concluding the contract, is acting in the course of their commercial or self-employed professional activity (business operator);

2. A legal person governed by public law or a special fund under public law.

§ 1 General Provisions

1. All present and future business relationships, deliveries and services provided by the Supplier shall be governed exclusively by these terms and conditions and any separate contractual agreements. Any deviating terms and conditions of purchase of the Purchaser shall not form part of the contract, even if the order is accepted. A contract shall be concluded, in the absence of any specific agreement, upon the Supplier’s written confirmation of the order.

2. The Supplier reserves all property rights and copyright in samples, quotations, drawings and the like — whether tangible or intangible, including in electronic form — and shall not be made accessible to third parties . The Supplier undertakes to disclose information and documents designated as confidential by the Purchaser to third parties only with the Purchaser’s consent .

3. The assembly, commissioning and/or technical acceptance (including by third parties) of the Supplier’s products are only included in the stated purchase price if and to the extent that this is expressly stated by the Supplier in the quotation or in the order confirmation .

4. The technical documentation for the products shall be provided in accordance with the SINGLE standard. This includes the technical data and the operating instructions.

5. Any additional documentation deviating from this (different format, language) shall only be supplied if this is expressly stated by the Supplier in the quotation or in the order confirmation.

6. The Supplier’s products comply with the applicable requirements of European regulations and directives, which must be observed. Other directives and standards are only met insofar as this is expressly stated by the supplier in the quotation or in the order confirmation.

§ 2 Price and Payment

1. Unless otherwise agreed, prices are quoted on an FCA basis (in accordance with Incoterms 2020), excluding packaging. Value added tax at the applicable statutory rate shall be added to the prices.

2. Unless otherwise agreed, payment shall be made without any deduction to the Supplier’s account within 14 days of the invoice date.

3. The purchaser shall only be entitled to withhold payments to the extent that their counter-claims are undisputed or have been established by a final and binding judgement.

4. The purchaser shall only be entitled to set off counter-claims to the extent that they are undisputed or have been established by a final and binding court judgement.

§ 3 Delivery, delivery time, delay in delivery

1. Delivery and performance deadlines are approximate. The delivery time is determined by the agreements between the contracting parties. Compliance with these deadlines by the Supplier is subject to all commercial and technical matters between the contracting parties having been clarified and the Purchaser having fulfilled all obligations incumbent upon him, such as the provision of the necessary official certificates or authorisations, or the payment of a deposit. If this is not the case, the delivery time shall be extended accordingly. This shall not apply where the supplier is responsible for the delay.

2. Adherence to the delivery period is subject to correct and timely supply from the supplier’s own suppliers. The supplier shall notify the customer of any impending delays as soon as possible.

3. The delivery period shall be deemed to have been met if the goods have left the supplier’s premises by the end of that period or if notification has been given that the goods are ready for dispatch. Where acceptance is required, the acceptance date shall be decisive – unless there is a justified refusal to accept – or, alternatively, the notification that the goods are ready for acceptance.

4. If the dispatch or acceptance of the goods is delayed for reasons for which the purchaser is responsible, the purchaser shall be charged, commencing one month after notification that the goods are ready for dispatch or acceptance, for the costs incurred as a result of the delay. For this, the Supplier shall charge a flat-rate compensation amounting to 3 per cent of the value of the goods for each week or part thereof, commencing upon notification that the goods are ready for dispatch. The right to prove greater loss and the Supplier’s statutory claims remain unaffected. The Purchaser shall be entitled to prove that no loss, or a loss less than the above-mentioned flat-rate amount, has been incurred.

5. If dispatch or acceptance is delayed at the purchaser’s instigation, the goods shall be stored at the supplier’s premises at the purchaser’s risk. The costs incurred as a result of the delay, in particular the costs of storage, shall be charged to the customer.

6. If failure to meet the delivery time is due to force majeure, industrial action or other events beyond the Supplier’s control, the delivery time shall be extended accordingly. The Supplier shall notify the Purchaser of the commencement and end of such circumstances as soon as possible .

7. The purchaser may withdraw from the contract without setting a notice period if it becomes definitively impossible for the supplier to fulfil the entire obligation before the transfer of risk. The purchaser may also withdraw from the contract if, in the case of an order, the fulfilment of part of the delivery becomes impossible and the purchaser has a legitimate interest in rejecting the 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. In all other respects, Section 7( 2) shall apply.

If the impossibility or inability arises whilst the purchaser is in default of acceptance, or if the purchaser is solely or predominantly responsible for these circumstances, the purchaser shall remain obliged to render consideration.

8. If the Supplier is in default, the Purchaser shall – subject to the statutory exceptions – set the Supplier a reasonable period for performance after the due date.

If the deadline is not met, the purchaser shall be entitled to withdraw from the contract within the limits of the statutory provisions. The purchaser undertakes, at the supplier’s request, to state within a reasonable period whether they will exercise their right of withdrawal. Further claims arising from a delay in delivery shall be governed exclusively by Section 7(2) of these terms and conditions.

9. Partial deliveries are permitted, provided this is reasonable for the Purchaser.

§ 4 Transfer of Risk, Acceptance

Risk passes to the purchaser when the goods have left the supplier’s premises, even if partial deliveries are made or the supplier has assumed other obligations,

such as the shipping costs or delivery and installation. Where acceptance is required, this shall be determinative for the transfer of risk. It must be carried out without delay on the date of acceptance, or, alternatively, upon notification by the supplier that the goods are ready for acceptance . The purchaser may not refuse acceptance in the event of a non- material defect.

§ 5 Retention of title

1. The retention of title agreed below serves to secure all current and future claims of the Supplier against the Purchaser arising from the joint, ongoing business relationship, including this supply contract.

2. The goods delivered by the Supplier to the Purchaser shall remain the property of the Supplier until full payment of all secured claims. The goods, as well as any goods substituted for them in accordance with the following provisions and covered by the retention of title, are hereinafter referred to as ‘goods subject to retention of title’.

3. The Purchaser shall hold the goods subject to retention of title in safe custody for the Supplier free of charge.

4. The Purchaser is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the event of realisation (paragraph 9) occurs. Pledging and transfer by way of security are not permitted.

5. If the goods subject to retention of title are processed by the purchaser, it is agreed that the processing shall take place in the name and on behalf of the supplier as the manufacturer and that the supplier shall immediately acquire ownership or – if the processing involves materials belonging to several owners or where the value of the processed item exceeds the value of the goods subject to retention of title – the Supplier shall acquire co-ownership (fractional ownership) of the newly created item in the ratio of the value of the goods subject to retention of title to the value of the newly created item. In the event that no such acquisition of ownership should take place on the part of the Supplier, the Purchaser hereby assigns his future ownership or – in the above-mentioned

proportion – co-ownership of the newly created item to the Supplier by way of security. If the goods subject to retention of title are combined with other items to form a single item or are inseparably mixed and if one of the other items is to be regarded as the principal item, the Supplier, insofar as the principal item belongs to it, shall transfer to the Purchaser a proportionate share of co-ownership of the single item in the ratio specified in the first sentence.

6. In the event of the resale of the goods subject to retention of title, the purchaser hereby assigns, by way of security, the resulting claim against the purchaser – in the event of the supplier’s co-ownership of the goods subject to retention of title, on a pro rata basis corresponding to the share of co-ownership – to the Supplier. The same applies to other claims which take the place of the goods subject to retention of title or otherwise arise in connection with the goods subject to retention of title, such as insurance claims or claims arising from tort in the event of loss or destruction. The Supplier revocably authorises the Purchaser to collect the claims assigned to the Supplier in its own name. The Supplier may revoke this authorisation to collect only in the event of realisation.

7. If third parties take action against the goods subject to retention of title, in particular by way of attachment, the purchaser shall immediately draw their attention to the supplier’s title to the goods and inform the supplier thereof, in order to enable the supplier to enforce its ownership rights. If the third party is unable to reimburse the Supplier for the judicial or extrajudicial costs incurred in this connection, the Purchaser shall be liable to the Supplier for such costs.

8. The Supplier shall release the goods subject to retention of title, as well as any items or claims substituting for them, in so far as their value exceeds the amount of the secured claims by more than 10 per cent. The choice of which items are subsequently to be released shall lie with the Supplier.

9. If the Supplier withdraws from the contract due to the Purchaser’s breach of contract – in particular default in payment – (event of realisation), the Supplier shall be entitled to demand the return of the goods subject to retention of title.

§ 6 Claims for defects

The Supplier shall be liable for material defects and defects of title in the delivery to the exclusion of any further claims

– subject to § 7 – as follows: Material defects

1. All those parts which prove to be defective as a result of circumstances occurring prior to the transfer of risk shall, at the Supplier’s discretion, be repaired or replaced with defect-free parts. The Supplier must be notified in writing of such defects without delay. Replaced parts shall become the property of the Supplier.

2. In order for the Supplier to carry out any rectifications and replacement deliveries it deems necessary, the Purchaser must, after consultation with the Supplier, grant the Supplier the necessary time and opportunity; otherwise, the Supplier shall be released from liability for any resulting consequences. Only in urgent cases where operational safety is at risk or to prevent disproportionately serious damage – in which case the Supplier must be notified immediately – the Purchaser shall be entitled to remedy the defect itself or have it remedied by third parties and to claim reimbursement of the necessary expenses from the Supplier.

3. The Supplier shall bear – insofar as the complaint proves to be justified – the direct costs of rectification or replacement, including postage. The Supplier shall also bear any necessary installation and removal costs, provided this was part of the original service, as well as the costs of providing any necessary labour, including travel expenses, provided that this does not place a disproportionate burden on the Supplier.

4. The purchaser shall have the right, within the limits of the statutory provisions, to withdraw from the contract if the supplier – taking into account the statutory exceptions – allows a reasonable period set for him to rectify the defect or provide a replacement due to a material defect to elapse without result. If there is only a minor defect, the purchaser is merely entitled to a reduction in the contract price. A minor defect is generally deemed to exist if the defect accounts for less than 10 per cent of the value of the goods, unless there is a significant impairment of function. The right to a reduction in the contract price is otherwise excluded.

5. Further claims shall be governed exclusively by Section 7(2) of these Terms and Conditions.

6. No liability shall be accepted, in particular, in the following cases: unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences – provided that the Supplier is not responsible for them.

7. Should the Purchaser or a third party carry out improper repairs, the Supplier shall not be liable for any resulting consequences. The same applies to alterations to the goods supplied made without the Supplier’s prior consent.

8. We reserve the right to make minor changes to our products – or changes necessitated by technical progress – in terms of design, construction or performance, provided these do not permanently affect their function, notwithstanding the information provided in our catalogues, brochures and/or on our website.

 Legal defects

9. Should the use of the goods supplied result in an infringement of industrial or copyright in Germany, the Supplier shall, at its own expense, in principle secure for the Purchaser the right to continue using the goods or modify the goods in a manner reasonable for the Purchaser, so that the infringement of industrial property rights no longer exists. If this is not possible on economically reasonable terms or within a reasonable period, the purchaser shall be entitled to withdraw from the contract. Under the aforementioned conditions, the supplier shall also be entitled to withdraw from the contract. Furthermore, the Supplier shall indemnify the Purchaser against any undisputed or legally established claims by the relevant intellectual property rights holders . In the event of infringements arising from products supplied by the Supplier manufactured by other manufacturers, the Supplier shall, at its discretion, either assert its claims against the manufacturers and upstream suppliers on behalf of the Purchaser or assign such claims to the Purchaser. Claims against the Supplier shall arise in such cases in accordance with this Section 6 only if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers has been unsuccessful or, for example due to insolvency, is futile.

10. The Supplier’s obligations set out in Clause 6(9) shall, subject to Clause 7 (2), be exhaustive in the event of an infringement of industrial property rights or copyright.

They shall apply only if

• the purchaser notifies the supplier without delay of any alleged infringements of industrial property rights or copyright,

• the purchaser assists the supplier to a reasonable extent in defending against the asserted claims or enables the supplier to carry out the modification measures in accordance with Section 6(9),

• the Supplier reserves the right to take all defensive measures, including out-of-court settlements,

• the legal defect is not attributable to an instruction from the Purchaser, and

• the breach of title was not caused by the Purchaser unauthorisedly modifying the delivered item or using it in a manner not in accordance with the contract.

11. The infringements of industrial property rights or copyright arising from the Supplier’s use of such rights in accordance with the Purchaser’s instructions (e.g. labelling for the customer), the Supplier shall not be liable; the Purchaser shall fully indemnify the Supplier against all claims in this regard.

§ 7 Supplier’s Liability, Exclusion of Liability

1. If the goods supplied cannot be used by the Purchaser in accordance with the contract as a result of the Supplier’s culpable omission or erroneous proposals or advice given before or after the conclusion of the contract, or due to the culpable breach of other ancillary contractual obligations – in particular instructions for the operation and maintenance of the delivered item – cannot be used by the purchaser in accordance with the contract, then the provisions of §§ 6 and 7(2) shall apply, to the exclusion of any further claims by the purchaser.

2. The Supplier shall be liable for damage not caused to the goods themselves – regardless of the legal grounds – only

a. in the event of intent,

b. in the event of gross negligence on the part of the owner, the bodies or senior executives,

c. in the event of culpable injury to life, limb or health,

d. in the event of defects which the Supplier has fraudulently concealed,

e. within the scope of a guarantee undertaking,

f. in the event of defects in the goods supplied, insofar as liability arises under the Product Liability Act for personal injury or damage to property in respect of items used for private purposes.

In the event of a culpable breach of essential contractual obligations, the Supplier shall also be liable in cases of gross negligence on the part of non-senior employees and in cases of slight negligence; in the latter case, liability shall be limited to the damage typical for this type of contract and reasonably foreseeable. Essential contractual obligations are, for example, those which the contract is specifically intended to impose on the supplier in accordance with its content and purpose, or the fulfilment of which is essential for the proper performance of the contract in the first place, and on the observance of which the customer/purchaser regularly relies and is entitled to rely. Any further claims are excluded.

§ 8 Limitation period

All claims of the purchaser – on whatever legal grounds – shall become time-barred 12 months from the statutory commencement of the limitation period. For claims for damages under § 7, paragraph 2 a–f, the statutory time limits shall apply. They shall also apply to defects in a building or to items supplied which, in accordance with their usual intended use, were used in a building and caused its defectiveness (Section 438 (1) No. 2 of the German Civil Code (BGB)), in the case of a third party’s right in rem or a right right entered in the land register (Section 438(1)(1) of the German Civil Code (BGB)), as well as in the event of special statutory provisions (e.g. Sections 444, 445b of the German Civil Code (BGB)).

§ 9 Use of Software

Insofar as software is included in the scope of delivery, the customer is granted a non-exclusive right to use the supplied software, including its documentation, in the condition specified in the contract. It is provided solely for use on the specific item of delivery for which it is intended. Use of the software on more than one system is prohibited.

The Purchaser may only, to the extent permitted by law (Sections 69a et seq. of the German Copyright Act (UrhG)), reproduce, adapt, translate or convert the software from object code to source code. The Customer undertakes not to remove the manufacturer’s details – in particular copyright notices – or to alter them without the Supplier’s prior express consent.

All other rights to the software and the documentation, including copies, remain with the Supplier or the software supplier. The granting of sub-licences is not permitted.

§ 10 Cancellation and amendments to orders

The Supplier may demand reimbursement of a lump-sum fee for the costs of cancellation of orders by the Customer:

• After 2 days following receipt of the order: 5 per cent of the order value, subject to a minimum of 250 euros.

• Where materials have already been ordered for the fulfilment of the order: 50 per cent of the order value.

• In the case of orders already in production: 100 per cent of the order value.

Changes to orders already in progress will be invoiced on a time-and-materials basis.

The customer reserves the right to prove that the supplier has incurred no loss at all, or only a lesser

damage than the above-mentioned flat-rate sum was incurred. The supplier is entitled to prove that the damage was greater.

§ 11 Applicable Law, Jurisdiction

1. All legal relationships between the Supplier and the Purchaser shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. The place of jurisdiction shall be the court having jurisdiction over the Supplier’s registered office. However, the Supplier is entitled to bring an action at the Purchaser’s principal place of business.

3. Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the parties are obliged to cooperate in drawing up provisions which legally achieve a result that comes as close as possible, in economic terms, to that of the invalid or unenforceable provision.

4. The Supplier shall process personal data only in accordance with the statutory provisions and the privacy policy available at https://single- temp.de/datenschutz .

II General Terms and Conditions for the Maintenance and Repair of Machinery

Unless otherwise specified in this section of the ‘General Terms and Conditions for the Repair of Machinery’, the section ‘I General Terms and Conditions for the Supply of Machinery and Spare Parts’ shall apply mutatis mutandis to maintenance and repair services provided by SINGLE Group GmbH or its subsidiaries (hereinafter referred to as the ‘Contractor’) to the Client (hereinafter referred to as the ‘Customer’) in respect of machinery shall apply accordingly.

§ 1 Conclusion of Contract, Duty to Provide Information, Safety Instructions

1. Where an uncontested written order confirmation from the Customer is available, this shall be decisive for the content of the contract and the scope of the repair.

2. If the item to be repaired was not supplied by the Contractor, the Customer must draw attention to any existing industrial property rights relating to the item; provided that the Contractor is not at fault, the Customer shall indemnify the Contractor from any claims by third parties arising from industrial property rights.

3. The customer must inform the contractor in writing and in good time of any contamination, any residues in the items to be repaired that may pose a health hazard, as well as transport risks and any other repair-related measures to be taken .

§ 2 Repairs that cannot be carried out

1. The services provided for the purpose of issuing a quotation, as well as any further expenses incurred and to be documented (time spent troubleshooting shall be treated as working time) shall be invoiced to the customer if the repair cannot be carried out for reasons reasons for which the contractor is not responsible, in particular because

• the fault complained of did not occur during the inspection,

• spare parts cannot be procured,

• the customer has culpably failed to keep the agreed appointment,

• the contract has been terminated whilst the work was in progress.

2. The item to be repaired need only be restored to its original condition at the Customer’s express request and against reimbursement of the costs, unless the work carried out was unnecessary.

3. In the event of a repair being impracticable, the contractor shall not be liable for damage to the item to be repaired, for breach of ancillary contractual obligations, or for damage not incurred to the item to be repaired itself, regardless of the legal grounds invoked by the customer. This shall not apply insofar as liability arises under Section ‘I General Terms and Conditions for the Supply of Machinery and Spare Parts’

§§ 6 and 7, and in accordance with this § 9.

§ 3 Cost information, cost estimate

1. Where possible, the estimated repair cost shall be provided to the customer upon conclusion of the contract; otherwise, the customer may set cost limits.

If the repair cannot be carried out within these cost limits, or if the contractor deems it necessary to carry out additional work during the repair, the customer’s consent must be obtained if the quoted costs are exceeded by more than 15 per cent .

2. If a cost estimate with binding prices is required before the repair is carried out, the customer must expressly request this. Such a cost estimate is – unless otherwise agreed – only binding if it is provided in writing. It is subject to a fee. The services rendered in preparing the cost estimate shall not be charged to the customer insofar as they can be utilised in the performance of the repair work.

§ 4 Price and Payment

1. The Contractor is entitled to demand a reasonable advance payment upon conclusion of the contract.

2. When invoicing for the repair, the prices for parts, materials and special services used, as well as the prices for labour, travel and transport costs, must be itemised separately. If the repair is carried out on the basis of a binding quotation, a reference to the quotation shall suffice, provided that any deviations in the scope of services are specifically listed.

3. Value added tax shall be charged at the applicable statutory rate in addition to the customer’s bill.

4. Any correction to the invoice by the contractor and any complaint by the customer must be made in writing no later than four weeks after receipt of the invoice.

5. Payment is due upon acceptance and handover or dispatch of the invoice, without any discount.

6. The customer shall only be entitled to rights of set-off or retention to the extent that their claim has been legally established or is undisputed.

§ 5 Cooperation and technical assistance from the customer in the event of repairs carried out outside the contractor’s premises

1. The customer shall assist the repair personnel in carrying out the repair at their own expense. The contractor shall appoint a repair supervisor.

2. The Customer must take the specific measures necessary to protect persons and property at the repair site. The Customer must also inform the repair supervisor of any existing specific safety regulations, insofar as these are relevant to the repair personnel. He shall notify the contractor of any breaches of such safety regulations by the repair personnel. In the event of serious breaches, he may, in consultation with the repair supervisor, refuse the offender access to the repair site.

3. The Client is obliged, at its own expense, to provide technical assistance, in particular to:

a) Providing the necessary suitable auxiliary staff in the number required for the repair and for the required period; the auxiliary staff must follow the instructions of the repair manager. The contractor accepts no liability for the auxiliary staff. If a defect or damage has been caused by the assistants as a result of instructions given by the repair manager, the provisions of Section “I General Terms and Conditions for the Supply of Machinery and Spare Parts”, Sections 6 and 7, and, following on from this, Section 9 shall apply mutatis mutandis.

b) Carrying out all construction, bedding and scaffolding work, including the procurement of the necessary building materials.

c) Provision of the necessary jigs and heavy tools, as well as the necessary consumables and materials.

d) Provision of heating, lighting, power supply and water, including the necessary connections.

e) Provision of necessary, dry and lockable rooms for the storage of the tools used by the repair personnel.

f) Protection of the repair site and materials from harmful influences of any kind, cleaning of the repair site.

g) Provision of suitable, theft-proof rest areas and workrooms (with heating, lighting, washing facilities and sanitary facilities) and first aid for the repair personnel.

h) Provision of the materials and performance of all other actions necessary for the adjustment of the item to be repaired and for carrying out any contractually stipulated testing.

4. The technical assistance provided by the customer must ensure that the repair can commence immediately upon the arrival of the repair personnel and be carried out without delay until acceptance by the customer. Where specific drawings or instructions from the contractor are required, the contractor shall make these available to the customer in good time.

5. If the Customer fails to fulfil its obligations, the Contractor shall be entitled, after setting a deadline, but shall not be obliged, to carry out the actions for which the Customer is responsible in the Customer’s stead and at the Customer’s expense. Furthermore, the Contractor’s statutory rights and claims shall remain unaffected.

§ 6 Transport and insurance in the event of repairs at the contractor’s premises

1. Unless otherwise agreed in writing, any delivery to and collection of the item for repair carried out at the customer’s request – including any packaging and loading – shall be carried out at the customer’s expense; otherwise, the item for repair shall be delivered by the customer at their own expense to the Contractor at the Customer’s expense and, once the repair has been carried out at the Contractor’s premises, collected by the Customer.

2. The customer shall bear the risk of transport.

3. At the customer’s request, the outward and, where applicable, return transport shall be insured at the customer’s expense against insurable transport risks, e.g. theft, breakage, fire, .

4. During the repair period at the contractor’s premises, there is no insurance cover. The Customer shall ensure that the existing insurance cover for the item being repaired is maintained, e.g. with regard to fire, water damage, storm and machinery breakdown insurance. Insurance cover for these risks may only be arranged at the Customer’s express request and at the Customer’s expense.

5. In the event of the Customer’s delay in collecting the goods, the Contractor may charge storage fees for storage at its premises. The item to be repaired may, at the Contractor’s discretion, also be stored elsewhere. The costs and risk of storage shall be borne by the Customer.

§ 7 Repair period, delay in repair

1. The information regarding repair timeframes is based on estimates and is therefore not binding.

2. The customer may only request the agreement of a binding repair period – which must be explicitly designated as such – once the scope of the work has been precisely determined.

3. The binding repair period shall be deemed to have been met if, by the time it expires, the item to be repaired is ready for collection by the customer or, in the event of a contractually stipulated test, ready for such a test to be carried out.

4. In the event of additional or extended orders placed at a later date, or where necessary additional repair work is required, the agreed repair deadline shall be extended accordingly.

5. If the repair is delayed due to industrial action, in particular strikes and lockouts, as well as the occurrence of circumstances for which the contractor is not at fault, then, insofar as such obstacles demonstrably have a significant impact on the completion of the repair, there shall be a reasonable extension of the repair period.

§ 8 Acceptance

1. The customer is obliged to accept the repair work as soon as they have been notified of its completion and any contractually stipulated testing of the repaired item has taken place. If the repair proves to be not in accordance with the contract, the Contractor shall be obliged to remedy the defect . This shall not apply if the defect is immaterial to the Customer’s interests or arises from a circumstance attributable to the Customer. In the event of a minor 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 two weeks after notification that the repair has been completed.

3. Upon acceptance, the Contractor’s liability for apparent defects shall cease, unless the customer has reserved the right to claim for a specific defect .

§ 9 Defects, Liability

1. Following acceptance of the repair, the Contractor shall be liable for defects in the repair, excluding all other claims by the Customer, without prejudice to paragraphs 5 and 6 and Section “I General Terms and Conditions for the Supply of Machinery and Spare Parts”, § 7, paragraph 2 of these terms and conditions, in such a way that the Contractor must remedy the defects. The Customer must notify the Contractor in writing without delay of any defect that has been identified.

2. The Contractor shall not be liable if the defect is of no significance to the interests of the Customer or is attributable to a circumstance,

which is attributable to the customer. This applies in particular to parts supplied by the customer.

3. In the event of any alterations or repair work carried out improperly by the Customer or third parties without the prior consent of the Contractor, the Contractor’s liability for the resulting consequences shall be waived. Only in urgent cases where operational safety is at risk and to prevent disproportionately severe damage – in which case the contractor must be notified immediately – or if the contractor – taking into account the statutory exceptions

— has allowed a reasonable deadline set for him to rectify the defect to elapse without result, the client shall, within the framework of the statutory provisions, have the right to rectify the defect himself or have it rectified by third parties and to demand reimbursement of the necessary costs from the contractor.

4. In the event of a justified complaint, the Contractor shall bear the direct costs incurred in rectifying the defect, provided that this does not place a disproportionate burden on the Contractor.

5. If the contractor – subject to the statutory exceptions – allows a reasonable period set for the rectification of the defect to elapse without result, the customer shall have a right to a reduction in price in accordance with the statutory provisions. Only if, despite the reduction in price, the repair is demonstrably of no interest to the customer may the customer withdraw from the contract.

6. Further claims shall be governed exclusively by Section ‘I General Terms and Conditions for the Supply of Machinery and Spare Parts’, Clause 7 of these terms and conditions.

7. In addition to Section “I General Terms and Conditions for the Supply of Machinery and Spare Parts”, Clause 7:

If parts of the item being repaired are damaged through the contractor’s fault, the contractor shall, at its discretion, repair them, supply new parts or provide a replacement at its own expense. In the event of slight negligence or gross negligence on the part of non-executive staff, the costs incurred in this regard shall be limited to the contractual repair price. Furthermore, liability for damage to the item being repaired shall be governed by Section ‘I General Terms and Conditions for the Supply of Machinery and Spare Parts’, Clause 7 of these terms and conditions .

§ 10 Compensation by the customer

If, during repair work carried out outside the Contractor’s premises through no fault of the Contractor, the fixtures or tools provided by the Contractor are damaged at the repair site or 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.

Hochdorf, 1 April 2023