Riela

EKB’s

General Conditions
As of May 2008

Offers and Contracts

1. The buyer is bound by the offer to conclude a purchase contract (order) for two weeks. The seller can only accept the offer within two weeks by written declaration to the buyer. 2. Drawings, plans and other documents belonging to the order remain the property of the buyer, who reserves all copyrights to these documents. If the seller does not accept the offers of the buyer within the period specified in section 2, item 1), these documents must be returned to the buyer without delay.

Confidentiality / Reservation of Ownership

All parts and documents received from the buyer remain the property of the buyer. The seller may use these only with the written consent of the buyer outside this contract and / or pass them on to third parties or make them accessible to third parties. After fulfillment of the respective contract, the seller has to surrender these at his own expense to the buyer without delay.

Scope

1. The following terms and conditions of the buyer apply to all contracts concluded between the buyer and the seller for the delivery of goods. They also apply to all future business relationships, even if they are not expressly agreed again. Differing conditions of the seller, which the buyer does not expressly recognize, are non-binding for the buyer, even if he does not expressly contradict them. The buyer’s terms and conditions also apply if the buyer unconditionally accepts the seller’s delivery in the knowledge of conflicting or deviating conditions. 2. All agreements made between the buyer and the seller in connection with the purchase contracts are laid down in writing in the purchase contracts, these conditions and the information provided by the buyer.

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Jurisdiction / Place of Performance / Applicable Law

The place of fulfillment and the exclusive place of jurisdiction for all disputes between the seller and the buyer arising from the contracts concluded between them shall be determined by the registered office of the buyer insofar as the seller is a merchant. 2. The relations between the contracting parties shall also be governed by foreign law exclusively in accordance with the law applicable in the Federal Republic of Germany to the exclusion of the UN Sales Convention.

Warranty / Liability

1. The buyer is obliged to inspect the goods for quality and quantity deviations within a reasonable period after delivery by the seller. The complaint of obvious defects is timely if it is sent by the buyer within 14 working days of delivery of the goods and then the seller receives them; The complaint of concealed defects is timely if the buyer sends them within 14 working days of their discovery and this is then the seller. 2. The buyer is entitled to statutory claims against the seller and the seller is liable to the buyer to the statutory extent. In the event of imminent danger or in the case of a high urgency, the buyer is entitled to remedy the defect himself at the expense of the seller.

Liability of the seller / Insurance cover

If the buyer is claimed by third parties for damages due to a product damage for which the seller is responsible, the seller must indemnify the buyer against all claims of third parties including the costs necessary to defend these claims on first request, if the seller fails to do so Set cause in his domain and organization. 2. If the buyer has to carry out a recall due to a claim within the meaning of Section VI, point 1), the seller is obliged to reimburse the buyer for any expenses arising out of or in connection with the recall. The buyer will, as far as it is possible and time is reasonable, inform the seller about the content and scope of the recall and give him the opportunity to comment. Further legal claims of the buyer remain unaffected. 3. The seller is obliged to conclude and maintain a product liability insurance with a cover amount for personal / property damage appropriate for the goods. Further legal claims of the buyer remain unaffected. 4. If the buyer is claimed by a third party because the seller’s delivery violates a third party’s intellectual property right, the seller agrees to indemnify the buyer from these claims upon first request, including all necessary expenses incurred by the buyer claims by the third party and their defense. The buyer is not entitled to acknowledge the claims of a third party and / or enter into agreements with the third party regarding these claims without the written consent of the seller. The limitation period for these indemnity claims is three years, calculated from knowledge of the buyer of the claim by the third party, but at the latest after ten years from delivery of the thing.

Delivery time

1. The delivery period is based on the agreements of the contracting parties and begins with the dispatch of the order confirmation, but not prior to the provision of the documents, approvals, clearances to be procured by the purchaser and before receipt of an agreed down payment. Their compliance by the supplier presupposes that all commercial and technical questions between the contracting parties have been clarified and that the customer has fulfilled all obligations incumbent upon him, such as To provide the required official certificates or permits or to meet the performance of a down payment. If this is not the case, the delivery time is extended by the period by which the customer has not fulfilled his obligations. Compliance with the delivery deadline is subject to the reservation of correct and timely self-delivery. 2. The delivery deadline is met if the delivery item has left the factory or warehouse by its expiry date or the readiness for dispatch has been notified. In the case of delivery with assembly, the delivery period is observed if partial deliveries are still made during the assembly which are not yet required for the assembly. 3. The delivery period shall be reasonably extended in the event of industrial disputes, in particular strikes, lockouts, fires, floods, earthquakes and other natural phenomena, acts of war, revolutions, coups, overthrows, civil disobedience, acts of the Government or other state bodies and changes in the law, Export and / or import sanctions as well as the occurrence of unforeseen obstacles beyond the control of the supplier, insofar as such obstacles are proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The aforementioned circumstances are not the responsibility of the supplier even if they arise during an already existing default. In important cases the supplier will inform the customer as soon as possible about the beginning and end of such obstacles. 4. If the Purchaser incurs damages due to a delay caused as a result of the Supplier’s own fault, he is entitled to demand compensation for default, to the exclusion of further claims. It shall amount to 0.5% for each full week of delay, but not more than 5% in total of the value of that part of the total delivery which, owing to the delay, can not be used on time and not in accordance with the contract. For deliveries delayed or omitted due to the fault of his subcontractor, the supplier is under no circumstances liable. However, the supplier undertakes to assign any claims for compensation against the pre-supplier to the customer. 5. If the dispatch or the acceptance of the delivery item is delayed for reasons for which the customer is responsible, then the costs incurred due to the delay will be charged to him at the time of storage at the factory or warehouse of the supplier, one week after notification of readiness for dispatch , but at least 0.5% of the invoice amount is charged for each week. However, the supplier is entitled, after setting and fruitless expiry of a reasonable period of time, to dispose of the delivery item elsewhere and to supply the orderer with a reasonably extended period. 6. Compliance with the storage period requires fulfillment of the contractual obligations of the customer.

Payments

1. The price stated by the buyer in the order is binding and applies free domicile, unless agreed otherwise in writing between the parties. The packaging costs are included in the price. The price is exclusive of the applicable VAT. All invoices of the seller must show the order number specified by the buyer. 2. Unless otherwise agreed in writing with the seller, the buyer shall pay within 21 working days from the date of delivery of the goods by the seller and receipt of the invoice with 3% discount or within 60 days net. 3. The buyer is entitled to the statutory set-off and retention rights in full. He is entitled to assign all claims arising from the purchase agreement without the consent of the seller. The seller is not entitled to assign claims from the contractual relationship to third parties without the prior written consent of the buyer.

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