General Terms and Conditions of ETW Wollmershäuser GmbH

Scope: These terms apply to all contracts for deliveries and services of ETW Wollmershäuser GmbH. Deviations require written agreement.

Offer and Conclusion of Contract: Offers are non-binding unless specified. Contracts are concluded through written confirmation or signing. ETW retains rights to documents and samples if no contract is concluded.

Delivery: Delivery dates are binding only if confirmed in writing. ETW may withdraw if the partner's economic situation is insecure. Force majeure extends deadlines, and partial deliveries are allowed.

Dispatch and Transfer of Risk: Shipments are at the partner's risk, with risk transferring upon notification of readiness for dispatch. Insurance during transit is the partner's responsibility.

Long-term and Call-off Contracts, Price Adjustment: Contracts can be terminated with four weeks' notice. Price adjustments are possible with significant cost changes. Call-off contracts require quantity notification four months before delivery.

Prices: Based on the current price list, excluding additional costs like packaging and freight, which are the partner's responsibility.

Terms of Payment: Payment is due within 14 days of invoice. ETW may require advance payment and charge interest on late payments. Security may be demanded if the partner's financial situation deteriorates.

Warranty: The warranty period is one year from delivery. ETW will remedy defects or replace items at its discretion. The partner must inspect items upon receipt and report defects promptly. Modifications by third parties void the warranty unless unrelated to the defect.

Warranty Exclusions: Excludes defects from the partner's specifications, unsuitable materials, or provided materials/tools unless unrelated to the defect. Used equipment is also excluded.

Assembly Instructions: ETW provides defect-free assembly instructions only if defects affect proper assembly.

Liability: ETW is liable for damages caused by intent or gross negligence without limitation. Other damages are limited to typical and foreseeable damages unless caused by intent or gross negligence. Liability for personal injury is unaffected.

Subcontracting Liability: Materials provided by the partner will be handled with care. Inspection is required only if agreed in writing. Rejects up to 2% are the partner's responsibility. ETW will be reimbursed for processing costs if materials are defective.

Retention of Title: ETW retains title to delivery items until full payment is received. The partner can sell goods in the ordinary course of business but must assign claims from resale to ETW.

Jurisdiction and Governing Law: The place of performance and jurisdiction is ETW's registered office. German law applies, excluding the CISG. ETW can subcontract deliveries and services.

Final Provisions: Invalid provisions do not affect the validity of other terms. Document status is January 2017.