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GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

with the statutory provisions and taking into § 8 - Acceptance - Call Of 9.4 ERICH DIECKMANN must frst
account the limitations regulated in Clause always be given the opportunity to render
11 and subject to the following conditions: 8.1 If the customer is late with acceptance, supplementary performance within a reaso-
If late performance is based on merely ordi- ERICH DIECKMANN can store the goods at the nable period.
nary fault and there is not compulsory liabi- customer's cost and risk and invoice all costs that
lity for an injury to life, body or health, or for arise as though the goods had been delivered. The 9.5 Any supplementary performance
the giving of a guarantee or the assumption same applies if goods, which are ready for dispatch, pursuant to Paragraph 439(1) German Civil
of a risk of procurement, the liability for da- cannot be dispatched due to circumstances, for Code (BGB) is undertaken by ERICH DIECK-
mage due to late performance shall be limi- which the customer is answerable.
ted in that the customer can demand 0.5 % MANN merely out of goodwill and without
for each complete week of delay, however the acknowledgement of any liability unless
in total a maximum of 5 %, of the net price 8.2 If dispatch or delivery is delayed by ERICH DIECKMANN has agreed otherwise
for such portion of the deliverable as is not more than one week at the customer's request with the customer or ERICH DIECKMANN has,
provided on time due to the late perfor- or if the customer is late with acceptance, ERICH either before or in connection with underta-
mance. This does not entail any change to DIECKMANN can demand compensation for the king supplementary performance, expressly
the burden of proof to the detriment of the storage in the amount of 0.5 %, however in total acknowledged to the customer that it has a
customer. This is without prejudice to the no more than 5 %, of the net price of the goods right to supplementary performance.
customer's statutory right of rescission. to be delivered for each started week. The parties
are at liberty to prove that the storage costs were 9.6 The customer shall have no warranty
greater or less or that no storage costs whatsoever claims for natural wear and tear or damage,
5.6 Upon request by ERICH DIECKMANN, were incurred. This shall be without prejudice to which occurs after the passing of risk and as
the customer shall be under an obligation to the statutory rights to rescind the contract and to a consequence of incorrect or careless treat-
declare within a reasonable period whether it demand damages. ment, overly heavy use, unsuitable operating
is rescinding the contract because of the late equipment or materials or by reason of spe-
performance or whether it insists on perfor- cial external infuences, not provided for by
mance. 8.3 The customer must accept goods, which
have been purchased to be called of, and must do the contract. If the customer or third parties
§ 6 - Packaging - Dispatch - so within 2 months after having been requested undertake improper changes or repair work,
Transport by ERICH DIECKMANN to call them of. said changes or repair work and the conse-
quences thereof shall likewise not give rise to
6.1 Unless expressly otherwise agreed, any warranty claims.
the type of packaging, method of dispatch § 9 - Warranty Claims
and delivery route shall be determined by 9.7 The customer shall not have any
ERICH DIECKMANN. claims because of any expenses that are ne-
cessary for the purposes of the supplemen-
6.2 Dispatch shall be at the customer's 9.1 The claims arising out of a warranty tary performance, in particular the transport
risk even if it has been agreed that the delive- of quality (Sachmängel) shall be time-barred 12 costs, infrastructure costs, labour costs and
ry is carriage paid. If dispatch is delayed as a months after the passing of risk. This does not cost of materials, to the extent that said costs
consequence of circumstances, for which the apply to the extent that Paragraphs 438(1) no. 2, increase because the subject matter of the
customer is responsible, the risk shall pass to 479(1), 634 a(1) no. 2 and Paragraph 438(3) German delivery was subsequently transported to
the customer upon the day that the goods Civil Code (BGB) prescribe longer periods, or for somewhere other than the place of delivery
are ready for dispatch. liability for damage arising out of an injury to life, unless said transportation complies with its
body or health or for liability for damage due to an intended use.
intentional or grossly negligent breach of duty
§ 7 - Construction – Quality 9.8 The customer cannot burden
ERICH DIECKMANN with any complaints until
9.2 The customer must complain to ERICH
7.1 ERICH DIECKMANN’s statements DIECKMANN in writing about any defects in qua- ERICH DIECKMANN has acknowledged the
about dimensions, weights, performances lity (Sachmängel) without undue delay, however complaint. This shall particularly be the case
or materials are made with care, but are not no later than within seven days following pefor- as regards any burdening with fat rates or
binding unless they have been expressly de- mance (overt defects) or discovery of the defect. lump sums for costs, charges or damages.
signated as binding; the same applies to all Otherwise the right to assert any warranty claims
statements regarding design and proposals. is excluded. ERICH DIECKMANN does not agree to 9.9 Unless otherwise provided in
any restriction of the customer's statutory duties to these Terms and Conditions, the consequen-
7.2 ERICH DIECKMANN reserves the inspect and to report any complaints (particularly ces of defective performance shall be gover-
right to make reasonable changes due to in accordance with Paragraph 377 German Com- ned by the statutory provisions. Clause 11
technical developments. With regard to its mercial Code (HGB)). shall apply to claims for damages. Any more
deliverables ERICH DIECKMANN must only far-reaching claims or claims because of a de-
comply with the generally accepted rules of 9.3 In the event of any complaints about de- fect in quality (Sachmängel) other than the
technology, the relevant safety regulations fects the customer may withhold payments only to claims regulated by these Terms and Condi-
and the agreed technical data. Any stipula- such extent as is reasonably in proportion to the tions are excluded.
tions beyond that regarding quality and/or defects in quality (Sachmängel) that have occur- § 10 - Property Rights, Defects
use shall require an express written agree- red. The customer may withhold payments only if a 8
ment between the parties. justifed complaint is asserted about defects. If the
notice of defects was intentionally or negligently 10.1 Unless expressly otherwise agreed,
7.3 ERICH DIECKMANN shall take unjust, ERICH DIECKMANN shall be entitled to de- ERICH DECKMANN shall be obliged to render
out transport insurance only upon the mand that the customer compensates it for the the deliverables free from third-party Intel-
customer's express request and at the expenses incurred due to the unjustifed complaint lectual Property Rights only in the country
customer's cost. about defects. of the place of manufacture and the place of

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