General sales and delivery conditions as well as guarantee conditions for box bodies of Humbaur GmbH

I. General

The following conditions are valid for all quotations, purchase and leasing contracts regarding vehicle bodies of all types from. Humbaur GmbH as seller resp. supplier. Conflicting conditions of the purchaser resp. ordering party or conditions which deviate from these Terms and conditions of sale and delivery are expressly not recognised; special approval shall only exist in the case that Humbaur GmbH give express written consent.

The scope of each delivery is exclusively based on the information in the respective current written order confirmation. The content of this order confirmation is the basis for the entire business transaction. Upon each change to the scope, an updated order confirmation shall be issued. All oral subsidiary agreements and possible subsequent contract changes are only valid when the seller expressly confirms this in written form. A waiver of this form requirement shall also be in writing. These Sales terms and conditions are also valid for any subsequent business with the purchaser resp. ordering party.

Humbaur GmbH is bound to its offer for four weeks, insofar as agreements to the contrary have not been specifically agreed. The signed order from the purchaser resp. ordering party is a binding contract. The purchase contract is effective when Humbaur GmbH has accepted the order of the precisely specified product within four weeks with a written confirmation to the purchaser or ordering party, or the specified product has been delivered. Humbaur GmbH may subsequently rectify evident miscalculations or errors in price offer resp. identification of goods.

The information provided in brochures, advertisements, price lists or in documents relating to the offer contain information, drawings, pictures, technical data, weights, dimensions and performance aspects are only approximate, insofar as they are not expressly included in the order confirmation as binding. The information in the descriptions concerning performance, weight, operating costs, speeds, etc. is also only to be taken as approximate. This is valid for the actual vehicle from the automotive manufacturer as well as the bodies constructed by Humbaur GmbH itself. Insofar as the relevant automotive manufacturer or Humbaur GmbH uses codes or numbers to identify the order, no rights may be derived from the aforementioned. The purchaser resp. ordering party authorises Humbaur GmbH, to allocate subcontracts and to carry out test and transportation drives. Humbaur GmbH reserves the right at any time to make modifications to design and shape, deviations in colouring as well as adjustments to the scope of delivery, insofar as the intended appearance of the vehicle and its function are not substantially altered, the functionality of the vehicle body is more or less retained, and the changes, after due consideration of the interests of Humbaur GmbH for the purchaser resp. ordering party, do not represent a deterioration in quality standards.

Humbaur GmbH makes plans, drawings, calculations, photos, pictures, logos or sundry documents available only under guarantee of protection of its copyright and property rights. A transfer to third parties is not allowed unless Humbaur GmbH has given its prior express written agreement.

The wording used for "purchaser", "ordering party" on the one side and "supplier" and "seller" on the other side shall be considered gender neutral and do not constitute discrimination against one or the other gender.

II. Price

The prices specified in the order confirmation from Humbaur GmbH are authoritative. All prices according to the relevant valid price list are quoted ex-works and excluding, packaging, freight, postage insurance and other sundry delivery costs. The agreement of cash discounts or rebates requires written confirmation. All prices are subject to the legally binding Value Added Tax applicable on the day of invoicing. Humbaur GmbH reserves the right to modify its prices accordingly in the case that cost reductions or increases shall arise subsequently to the conclusion of the contract, on account of collective wage agreements, or alterations to operating taxes, or changes in price for energy like for example electricity or gas, or material price changes e.g. in Aluminium, Steel, Rubber, PVC, Wood. These shall, upon request be documented by the seller to the buyer. All additional charges, public dues, as well as newly introduced taxes, freight costs etc. as well as any increases thereof which directly or indirectly affect the delivery shall be borne by the purchaser, providing there are no compelling statutory requirements to the contrary. The prices listed by the seller in the offer shall apply on condition that the order data on which the offer is based remains unchanged and is confirmed in writing by the seller; the purchaser is considered the principle contractor for orders and deliveries to third parties, if no other explicit agreement has been made.

III. Terms of payment

Provided that nothing else is stated in the order confirmation, the selling price of the object of purchase is due for payment in advance, without delay, after announcement of readiness for delivery of the delivery item, at the latest within 10 days, as a rule however before pick-up delivery of the delivery item, in each case without cash discount. This is particularly valid for each first order. The issuing of invoices may occur in written form by Post or Telefax, as well as in electronic form.

All payments are to be made directly to the seller; all payments to representatives or other persons shall be carried out at the risk of the parties making payment. Checks, and possible other methods of payment shall only be accepted as payment but not in lieu of performance. If the purchaser is in default with two payments with regard to the agreed stage payments for longer than 10 calendar days, the remaining outstanding amount then becomes payable. The remaining purchase price is subject to interest at a rate of 9% above the relevant basic interest rate, in accordance with Section?288 BGB (German Civil Code) from the time at which it becomes payable.

The purchaser can only offset or implement a right of retention in the event of an uncontested or legally binding claim. The seller has the right to withdraw from the contract if, after concluding the contract, business circumstances of the purchaser become evident to them that makes their rights seem no longer to be adequately secured. In this case the seller may also request an advance payment or security, retain any goods not yet delivered, retain securities on delivery or demand the re-issuing of such securities, or suspend further work. If the purchaser rejects pre-payment or security, the seller can, after the fruitless expiry of a new deadline of 14 days, withdraw from the contract and?/?or claim damages. These rights are also available to the seller if the purchaser is in default of payment for deliveries based on the same legal relationship. The seller thus explicitly retains the property rights to delivered but unpaid for goods and has a right of retention to goods paid for but not yet delivered.

In the event of payment default, default interest at a level of 9% above the individual basic interest rate is to be paid in accordance with Section?288 BGB (German Civil Code). The seller is entitled to charge an additional flat fee of 40 euros when a debtor who is not an end user pays late. The enforcement of additional default damages is not precluded by this stipulation. Several purchasers are liable jointly. For special vehicles or vehicle box bodies which have bee modified at the request of the purchaser or which are newly constructed, the following applies: 60% down-payment of the net value of the goods on receipt of the order confirmation, manufacture only on receipt of the payment, balance of payment prior to delivery or collection.

IV. Retention of title

The delivered goods remain their property until full payment has been received for all the seller's claims against the purchaser up to the date of the invoice. The purchaser is only entitled to resale as part of his normal business process. The purchaser hereby transfers his claims resulting from the resale to the seller. The seller hereby accepts this transfer. The purchaser is obliged to name the debtor for the transferred claim at the latest in the event of a late payment as part of the guaranteed right to information. In the event of processing or modification of goods delivered but remaining the property of the seller, the seller must be considered as the manufacturer in accordance with Section?950 BGB (German Civil Code) and retains ownership of the products at all points of the process. If third parties participate in the processing, the seller is limited to a joint property share to the value of the invoice for the retained goods. The property acquired in this way is considered to be property subject to retention of title. In the event of access to the property subject to retention of title by third parties, the purchaser must indicate the property of the seller and inform the seller without delay. Any costs and damages are borne by the purchaser.

If the delivered goods should be mixed inseparably or incorporated with other objects not belonging to the supplier, then we acquire co-ownership of the new item in relation to the value of the delivered goods when compared to the value of the mixed or incorporated object at the time of the mixing or incorporating. If, as a result of this mixing or interconnection, the object of the customer comes to be regarded as the main article, the parties are deemed to have agreed that the customer transfers proportionate ownership to us.

In the case that the selected vehicle on which the body will be mounted, comes under retention of title or collateral ownership of a third party, then the customer has to inform us of this fact in advance, and must ensure, that the third party grants us a co-retained title resp. a collateral joint ownership. The customer must provide a written declaration of such, from the third party. We shall obtain the exclusive right of ownership when the rights of the third party have expired.

So long as there exists retention of title or collateral ownership in our favour, any disposition, pledging or right of lien, leasing or similar transfer of the contractual object is not valid without our express prior written agreement. If the customer with our agreement should sell the contractual object on before payment, then on conclusion of the re-sale agreement the claim on the outstanding purchase price against the third party is deemed to be assigned to us. In this case the customer is only entitled to collect the purchase price for us.

As a consequence of its claim resulting from the contract, the buyer unconditionally grants Humbaur GmbH the contractual right of lien on the objects that where provided within the frame of the contract, as long as they are our property. This right of lien is also applicable for claims from jobs, spare parts deliveries and other services of Humbaur GmbH carried out previously, as long as they are part of the underlying contract.

During the duration of the retention of title or property of the pledged item, the purchaser must insure the vehicle against third party liability and with comprehensive cover, with the proviso that Humbaur GmbH is entitled to the rights from the insurance. As proof of this, the purchaser shall provide us with a copy of the insurance certificate. The respective insurance benefits must in case of, for example, damages, be used entirely for repairing the vehicle and its bodywork. In case of total loss, the benefits must primarily be used to settle claims; the customer is entitled to the surplus amount.

The enforcement of the retention of title shall only be deemed to constitute a withdrawal from the contract, if the seller has explicitly declared this in writing. The seller retains the right to withdraw from the contract in the event of filing for insolvency. The purchaser is obliged to surrender all delivered goods before initiating insolvency proceedings.

V. Delivery

The obligation to delivery in dealings with companies exists with the caveat that correct or timely self-delivery has been made to the seller, unless incorrect or delayed delivery is the fault of the seller.

Delivery periods and deadlines only count as approximately agreed, unless the seller has issued a written approval to be binding. The delivery period starts on the date of the order acceptance or on receipt of the order confirmation, but not before complete clarification of all execution details and timely fulfilment of all obligations by the purchaser, such as making the down payments in accordance with III. Short-selling is excluded. For sales ex-works, the delivery periods and deadlines are fulfilled if the goods leave the factory within the delivery period or in-time to meet the deadline. The delivery period will be considered to be on-time with the declaration of readiness for shipment if the shipment becomes impossible for reasons not attributable to the seller. The delivery period is extended proportionally in the event of force majeure, industrial action, unrest, official measures, lack of delivery from suppliers and other unforeseeable, unavoidable and major events for the duration of the disturbance. Notwithstanding the rights of the seller resulting from the default of the purchaser – the agreed delivery period shall be extended by the time period for which the purchaser is in default with his obligations resulting from this or a different agreement. The expiry of specific delivery periods?/?deadlines does not relieve the purchaser, who wishes to withdraw from the contract or who wishes to claim damages for non-fulfilment, from setting a reasonable new deadline, generally four weeks, to complete performance and the declaration that he will reject the performance once the deadline has expired. If there is slight negligence on behalf of the seller, the damages are limited to the extra expenditure for a covering purchase or substitute performance. Damage claims arising from non-fulfilment or delayed fulfilment are excluded for contracts with contractors. The purchaser may not reject partial deliveries.

The supplier does not take back transport packaging and all other packaging, in accordance with the ordinance on packaging. It is the customer's responsibility to dispose of the packaging properly, at their own expense.

VI. Handover conditions

If the purchaser withdraws from the contract after conclusion of the contract and before the goods are manufactured, the seller is entitled to demand 15% of the purchase price as an indemnity, whilst the right to enforce additional damages remains in place. If the purchaser withdraws from the contract after conclusion of the contract and while the goods are being manufactured, the seller is entitled to demand 20% of the purchase price as an indemnity, or 50% in the case of special products or special vehicles, whilst the right to enforce additional damages remains in place.

If the purchaser fails to accept his order after being informed of its readiness or fails to fulfil his payment obligations or to furnish any security agreed upon for a period of more than 10 calendar days, the seller shall be entitled to withdraw from the contract or to claim damages resulting from non-fulfilment of the contract, after allowing a further 14 calendar days for fulfilment. In this case, the seller is entitled to demand at least 15% of the purchase price as an indemnity, or at least 80% of the purchase price in the case of special products or special vehicles, whilst the right to enforcement of additional damages explicitly remains in place.

During the period in which the purchaser's acceptance of the product is delayed, the seller will keep this product safe for the purchaser at the latter's risk and with the explicit agreement that the seller will accept no liability. The seller is entitled to charge the purchaser an appropriate holding fee of at least € 10 (ten) per product per day.

The onus is on the purchaser to provide proof that the contract infringement applied to him has not caused damage, or has caused less damage or has not resulted in a reduction in value, or that such losses incurred by the supplier are considerably less than the pre-defined lump sum.

VII. Dispatch and transfer of risk

1. All deliveries will be made from the manufacturer's works (place of fulfilment), with the simultaneous transfer of risks to the purchaser, as soon as the consignment has been handed over to the person responsible for transport or has left the seller's warehouse for dispatch purposes. Delivery requested by the customer is undertaken in his name and at his cost, ex-works from the manufacturer and exclusively at the risk of the purchaser. Any warranty based on any delivery instructions given, is not accepted by the seller.

2. The purchaser retains the right, within eight days commencing from receipt of notification that the goods are ready for collection, to inspect the vehicle at our company location, as well as undertake a test drive within the limitations of a normal test drive from the vehicle manufacturer. The costs of a test drive which goes beyond those terms are carried by the purchaser. It is deemed as a waiver of the right to test, if the inspection is not carried out within the specified time period. The vehicle and the body are deemed, upon the transfer to the purchaser or their representatives, to be accepted and delivered in an orderly fashion. The purchaser shall be expressly informed of these consequences with the notification that the goods are ready for collection. If the vehicle is driven by the purchaser, or a representative, during a test drive before acceptance, then the purchaser is liable for any damages ensuing to the vehicle.

3. A collection by the customer is only possible after prior arrangement. The customer receives a collection voucher, upon which the person authorised to make the collection must be specifically named. This person is authorised to make the declarations necessary in order to take delivery, in the name of and on behalf of the purchaser, in particular with regard to orderly acceptance.

4. The supplier does not take back transport packaging and all other packaging, in accordance with the ordinance on packaging. It is the customer's responsibility to dispose of the packaging properly, at his own expense.

VIII. Conditions of guarantee

1. The seller grants a guarantee on the quality of the processed materials, the design and workmanship of the purchased goods to the initial consumer, with regard to newly manufactured bodies, which extends for a period of 24 months from the transfer of risks/delivery date. The guarantee is only valid for items delivered for Germany, Western Europe and Switzerland. The precondition for a claim on this guarantee is, that all mandatory service work has been carried out on the purchased object according to the sellers guidelines. Legal claims under guarantee are not restricted by this.

2. In the case of used products, completely used show models or bargain market promotions, all are generally excluded from guarantee or warranty, insofar as the purchaser is a merchant or a legal entity under public law or a separate estate under public law. For consumers who are the initial customer statutory guarantee rules apply.

3. For faults on third party objects, which Humbaur GmbH have received from suppliers or other manufacturers, or which have been purchased by the customer themself, (e.g. the vehicle itself, new chassis, used chassis, refrigeration unit, tail lifts, sundry devices and accessories which have not been manufactured by Humbaur GmbH) Humbaur GmbH will only accept responsibility insofar as it will cede all defect rights the buyer may possibly be entitled to against the manufacturer and/or upstream suppliers and furthermore commits itself to provide the contractual party with all the information and documents necessary for pursuing the claims. For these kinds of faults, only the warranty conditions of the respective supplier or manufacturer will be taken into account.

4. Complaints and deficiencies resulting from recognisable, incomplete and incorrect delivery or any transport damage must be noted in writing, immediately, at the latest on collection of the goods, or when delivered then on receipt of the goods, on the shipping documents / CMR, and the seller must be advised in writing. Faults, which it is impossible to discover within this period, even with most careful inspection, must be reported in writing, immediately after they have been discovered. In the case of commercial negotiation between traders, Sections 377 and 378 of the HGB (German Commercial Code) remain unaffected. Notification of a claim under the warranty must be made using the appropriate notice form provided by the seller.

5. In the event of a justified complaint, the seller is obliged to carry out repairs (max. 3 attempts) and/or replacement at his discretion and with the exclusion of any other claims. In the event of fault repair, the seller is obliged to bear the costs incurred by the seller in the repair of the fault, particularly the costs of labour and materials incurred by the seller. The dispatch of parts for fault repair will be initiated by the seller, exclusively to dealers or workshops selected by the seller. The purchaser's transport costs to/from the place of fulfilment, are not covered by the seller, the purchaser waives such claims.

The purchaser is obliged to provide the seller with the faulty parts or must allow them to be collected by the seller. Furthermore claims for providing a replacement vehicle, or damages or reimbursment for futile expenses are excluded.

6. In the case of delayed, uncompleted or unsuccessful repair (maximum 3 attempts) or replacement, the customer may demand a reduction in the payment or withdraw from the contract. Replacement and repair are covered by warranty in the same way as is the original delivery item. Technically contingent modifications to the design or the shape, and variations in the paint or shade of colour, do not represent faults, provided that they are considered to be reasonable to the purchaser in regard to the interests of the seller.

Fault claims will not be deemed valid where they concern negligible deviations from the condition agreed upon, where the usability of the product is only slightly affected, where the prescribed service and maintenance intervals have not been adhered to, in the case of natural wear and tear or damage resulting from faulty or careless handling after the transfer of risk, unreasonable stress on unsuitable equipment or in the event of special external influences which are not covered by the contract.

7. The warranty remains in force, however, only until the expiry of the Guarantee/Warranty period for the original item, provided it is not covered by any statutory regulation. Complaints do not release the customer from his obligation to meet the agreed payment conditions. Guarantee of qualities requires the customer's written declaration and a statement of confirmation, in each instance.

8. The guarantee provided by the seller expires, resp. any legal warantee is voided, when the purchaser or a third party perform inappropriate repair work on the object delivered or when the purchaser has installed third-party parts resulting in changes to the delivered object or when the purchaser causes changes through improper handling and maintenance and when the damage stands in causal relationship to such innapropriate repair work or change. The resulting consequences will not give rise to any fault-based claims. The guarantee or resp. legal warranty also lapses if it is established that there has been excess in the total authorised weight according to the relevant terms of the road traffic regulations or the axle loads or in the payload on which the supply contract is based, or in the chassis load-bearing capacity. Natural wear and damage which can be attributed to careless and/or unskilled handling are excluded from the warranty. The guarantee or resp.legal waranty is furthermore excluded insofar as the delivered object has been damaged or changed by outside impact or external influences caused by nature like e.g. accident, flooding, hail, lightning strikes.

9. Deviations in paint colours and the colour shades of parts of all kinds, as well as digital printing to the extent technically permitted and possible do not constitute any faults. As far as the introduction and conversion to REACH-compliant paints and manufacturing processes is concerned, no guarantee resp. legal warranty can be given as to the colour fidelity of paintwork or colour shades of parts of all kinds or tarpaulin covers or digital prints on new vehicles, in comparison with vehicles previously delivered.

10. A prolongation of the guarantee may be offered by the seller for a fee by means of an add-on guarantee insurance.

IX. Liability

1. The seller is only liable for damage caused by wilful or negligent actions, and for the infringement of significant contractual obligations, insofar as the achievement of the purpose of the contract is endangered, for the failure to provide the promised properties and in cases of binding liability in accordance with product liability laws. In the event of culpable infringement of significant contract obligations, liability is only for contract-typical foreseeable damages.

2. The same principles apply to the liability of ancillary and vicarious agents of the seller.

3. An exclusion or limitation of liability does not apply to damages resulting from death, injury or damage to health that is the consequence of neglect of the seller's obligations.

4. Parking of vehicles for reconstruction, construction or carrying out repairs shall be free of charge for the customer, as long as the customer does not fall behind schedule for picking up the vehicle. The seller does not bear liability for the loss of parts of the vehicle, any possible content of the vehicle, the vehicle equipment or damage to the vehicle or parts of the vehicle, except in cases of demonstratable intent or gross negligence on the part of the seller. Liability is excluded insofar as the cause is beyond the scope of the seller’s responsibilities.

X. Spare parts

The regulations in Clauses I – IX of these general terms and conditions also apply to spare parts for suchlike vehicle bodies with the following supplements:

1. Spares from the current spare parts range of the seller are sold with pre-payment or against invoice. Delivery includes packaging but excludes freight costs.

2. The delivery must be checked immediately. A special return delivery note must be included with the goods for any return deliveries, which will be sent by the seller on request. Goods returned to the seller on a freight forward basis or goods returned without a return delivery note will not be accepted by the seller.

3. In the event of incorrect ordering of spare parts from the current list by the purchaser, the purchaser is obliged to return the goods to the seller undamaged and carefully packed at his own cost. In this case, the seller is entitled to demand a handling cost of 10% of the net value of the goods for the resulting administration and stores expenditure.

4. In the event of wrong delivery of spare parts from the current list by the seller, or in the case of a valid warranty claim for spare parts, the purchaser is obliged to advise the seller immediately and to keep the goods safe. The seller is entitled and obligated to have the goods collected from the purchaser at his own cost.

5. The seller will not accept the return of duly delivered special parts or special tarpaulins or any parts manufactured at the request of the purchaser.

6. If delivery is executed at the express wish of the purchaser by night freight without a depot, the purchaser will exclusively bear the increased risk from the point of transfer of risks.

7. During the period in which the purchaser's advance payment within a specific period or the acceptance of spare parts by the purchaser is delayed, the seller will keep these products safe for the purchaser at the latter's risk and with the explicit agreement that the seller will accept no liability. The seller is entitled to charge the purchaser an appropriate holding fee of at least four € per product per day.

XI. Leasing and hire-purchase

1. When and as far as Humbaur GmbH has agreed from the start or subsequently to a new purchase agreement with a leasing company within the frame of a lease or a finance company within the frame of a hire-purchase of the customer in connection with an existing purchase agreement of a customer and on request of the customer, the following applies:

2. Consent shall be given explicitly towards the customer with regard to the existing purchase agreement under the condition precedent that the new purchase agreement with the lessor / the finance company shall fully take effect. Otherwise, the previous purchase agreement between the customer and Humbaur GmbH continues to be valid under unchanged conditions. A cancellation of this original purchase agreement with the customer can only be made when the new purchase agreement with the lessor / the finance company is fully settled and paid.

3. When and as far as the lessor / the financing company demands a down payment as prerequisite for the payment of the purchase price from the customer as a first rate or the payment of the sales tax on the purchase price in advance to Humbaur GmbH or the lessor / the financing company, the customer commits himself towards Humbaur GmbH to make this payment immediately or within the fixed deadline.

4. When and as far as the lessor / the finance company demands a declaration of acceptance / handover certificate signed by the customer as prerequisite for the payment of the purchase price, the customer commits himself toward Humbaur GmbH to immediately, at the latest 3 days after the vehicle has been finished and the customer has received the handover certificate / the declaration of acceptance, sign and send it back to the lessor and a copy to Humbaur GmbH in accordance with any other requirements of the leasing company, providing that it does not have any faults. The customer will be given the chance to inspect the vehicle for defects.

5. If the customer does not fulfil his obligations as per clause 1.3 or as per clause 1.4 or does not do so in due time, or if the lessor / the financing company withdraws for reasons which Humbaur GmbH bears no responsibility for, the following applies:

1. If the lessor withdraws from the lease / the financing company withdraws from the hire-purchase for reasons the customer is responsible for, especially following a breach of his duties as per clause 1.3 or clause 1.4, the original contract between the customer and Humbaur GmbH becomes effective again, due to the lapse of the condition precedent.

2. If the customer falls more than 7 days behind with fulfilling his duties as per clause 1.3, he will be liable for the purchase price claim always jointly and severally with the lessor.

3. The right of Humbaur GmbH to additionally claim damages against the customer due to an infringement as per clause 1.3 is not affected.

XII. Data protection

1. Processing your data

The purchaser will collect, store and process data in compliance with the statutory regulations as part of the negotiation, conclusion and termination of a purchase agreement. When visiting the website of the seller, the IP address, date, time, browser type and computer operating system on the purchaser's PC as well as the pages the purchaser has visited are logged. However, tracing of personal data is in this way not possible and also not intended.

The personal data the purchaser provides to the seller, e.g. while placing an order or sending an e-mail (e.g. name and contact data) will only be used, with a declared acceptance of the purchaser, in the correspondence with the purchaser and only for the purpose for which the purchaser has provided the data to the seller.

The purchaser is deemed in agreement that the seller can carry out and evaluate relevant credit checks on the purchaser in connection with the ordering of goods.

The seller only forwards these data to the shipping service appointed in as far as this is required for delivering the goods. The seller provides the payment data of the purchaser required to complete the payment only to the bank tasked with handling the payment.

The seller guarantees that these personal data are not forwarded to third parties for other purposes, except when the seller is legally obliged to do so or when the purchaser has previously agreed to it. All services and processes performed for the seller by third-party service providers comply with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz).

Direct advertising with the processing of the personal data is possible with the declared acceptance of the purchaser; the purchaser may at any time revoke this acceptance in written form.

2. Storage period

Personal data that the purchaser has provided to the seller through his website, his web shop, online sales portals such as Mobil.de or social media such as Facebook, will only be stored until they have fulfilled the purpose for which they were entrusted to the seller. According to trade and tax laws, storage periods for certain data may be up to 10 years.

3. Rights of the purchaser

Should the purchaser no longer agree to the storage of the personal data or when the data have become incorrect, the seller will arrange for deletion, correction or locking of these data after receiving appropriate written instructions within the framework of the statutory regulations and within the scope of available technology,within one month. The purchaser shall receive information regarding all personal data stored by the seller with regard to the purchaser after an appropriate request in writing.

XIII. Place of fulfilment, legal domicile and amendments to the General Terms of Business

1. Any legal disputes resulting from the contract between the parties shall be subject to German law, with the exclusion of the UN Sales Convention (CISG). Depending on the legal threshold, either the Augsburg District Court or the Augsburg Regional Court is agreed and responsible as court of Jurisdiction.

2. In addition, Gersthofen shall be the place of fulfilment for all deliveries and services rendered and for the execution of any repair work required.

3. The German language as a recognised official language of the EU, is applicable both for the preparation of texts and as the language of the contract.

4. The seller is entitled to make editorial changes to the text of the General Terms and Conditions. The purchaser waives his right to be kept informed of such changes. In the case of major text changes, the seller will inform the purchaser of the coming into force of the modified General Terms and Conditions.