GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim Updated: November 2018 Applicable in business transactions with companies, legal persons under public law and public-law special funds. Section 1 Scope of application Our Terms and Conditions of Purchase apply exclusively. We only recognise general terms and conditions of the supplier that contradict or deviate from our Terms and Conditions of Purchase insofar as we have expressly agreed to them in text form. The acceptance of goods or services from the supplier (below: contractual object) does not signify any agreement. Section 2 Conclusion of contract, modifications of the contract 1. Orders, framework agreements, acceptances, call-offs, delivery contracts and other legal transactions to be concluded between us and the supplier, and modifications and additions to these, require the text form. 2. Enquiries from us to the supplier are merely invitations to the supplier to issue a quotation. 3. Cost estimates are binding and not to be remunerated unless anything was expressly agreed otherwise. 4. The supplier must confirm our order immediately, if possible within 10 working days of receipt, in text form, otherwise we are entitled to cancel our order. 5. Within the framework of what is reasonable for the supplier, we can request changes to the design and execution of the contractual item. In this case the effects, in particular concerning additional and lower costs, as well as the delivery dates, must be regulated appropriately and by mutual agreement. Changes by the supplier require our prior approval in text form in order to be effective. 6. The supplier is obliged to personally apply its general and specific expert knowledge to check drawings, calculations, specifications and other requirements provided by us for errors and contradictions, and where applicable to immediately notify us of any existing concerns in text form and clarify these. 7. The supplier bears the procurement risk for the goods. Section 3 Prices, payment terms 1. The agreed price is a fixed price including packaging DDP place of destination in accordance with the order (Incoterms® 2010). The respective valid statutory VAT must also be shown. 2. We can only process invoices when we receive them separately from the delivery and they are formulated in accordance with the specifications of our order. The supplier is liable for all consequences arising due to non-compliance with these obligations unless it proves that it is not responsible for these. 3. Unless agreed otherwise in writing, we can choose between payment within 14 days with 3% discount or within 60 days net. These payment periods commence after the complete provision of the General Terms and Conditions of Purchase of Gusstechnik Schopfheim GmbH & Co. KG

GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim contractual performance as well as receipt of the documents in accordance with Section 5. 2., however not before the agreed delivery date. 4. The supplier is not entitled to cede or pledge rights from the contractual relationship to third parties without our prior written consent. This does not apply to monetary claims. We can however pay the supplier with the effect of discharging our debt. Section 4 Subcontracts, delivery, delivery period 1. The supplier must provide the...

GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim If the supplier does not take the packaging or empty containers back for us free of charge at our request, we are entitled to send the packaging back carriage paid to its starting place, or instead in consultation with the supplier to charge it for the appropriate costs of disposal. Section 6 Quality, liability for defects, inspections 1. The supplier warrants that on handover to us or to our customers, every product shall be free from legal and material defects and shall...

GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim If we are claimed against by a third party on account of infringement of its intellectual property, the supplier shall be obliged on first written request to indemnify us against such claims. This duty of indemnification by the supplier relates to all expenses, costs and damages we incur from or in connection with being claimed against by a third party (including costs of legal action). 3. Section 6. 8 applies to the limitation period for claims on account of legal defects....

GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim 1. Tools and other means of production provided by us remain our property. Tools or other means of production manufactured on our behalf and paid for by us (referred to jointly below as “tools”) shall pass into our ownership with full payment. The transfer of ownership shall be replaced by the supplier borrowing the tools from us. 2. The supplier is obliged to use the tools exclusively for the manufacture of the products ordered by us. They must neither be used by the supplier...

GENERAL TERMS AND CONDITIONS OF PURCHASE of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim In the event of a contravention of these obligations of confidentiality the supplier undertakes to pay a contractual penalty in the amount of 20% of the order value unless the supplier is not responsible for the contravention. Otherwise in the event of particularly serious infringements we are entitled to dissolve the entire contractual relationship with the supplier without notice and without compensation, and if appropriate to reclaim payments that have already been made....