1) The „general terms and conditions“, especially the purchasing, delivery and payment terms of the buyer are not valid, as far as they are opposed to our „general terms and conditions“.

2) Our offers are subject to confirmation. An order is accepted as soon as it is acknowledged in writing. The acknowledgement of order lists all authoritative data for the scope of delivery. If the buyer does not object within one week of receipt of the confirmation of order, his silence is considered the accord with the conditions stated therein. Agreements with our agents are only binding after they have been confirmed by us in writing.
3) The indication of dimensions, weight and performance, and the illustrations
in our literature are only approximately authoritative and therefore not binding.
4) The delays of delivery are without engagement. If the term of delivery agreed upon is expired, the buyer has the right to cancel his order only after he has in vain fixed a time limit of at least three weeks. Events of force majeure (riots, labour disputes, non-availability of material and other circumstances beyond our control) release us from our liability to deliver.
5) Transport is effected at the buyer‘s risk and cost. Missing or damaged packages must therefore be reported to the forwarding agent (not to us) at the moment of delivery. Of any other claims we must be informed within one week of reception of the goods.
6) In the absence of any special agreement, our prices are based on the price-list valid on the day of shipment. The prices are to be understood ex works Ichenhausen or ex Scheppach subsidiary in Germany. As far as packing is provided or machines, it is included in the price. The prices of spare parts are always to be understood excluding packing. Partial shipments are allowed, even if it does not say so in the acknowledgement of order.
7) This pricelist replaces all older price lists, which are therefore involid. This pricelist is valid until it is replaced by the next pricelist. Price changes are possible anytime within short notice, especially if the world market prices for row materials change drasticly.
8) Terms of payments are 30 days net from date of invoice without any deductions. For payments within 10 days we grant 2% cash discount. Have we agreed to payment by bill of exchange, the bank and discount charges are at the buyer‘s charge. In case of delayed payment the buyer will be charged interest on arrears at the rate of 2% above the base interest rate of the European Central Bank. Buyer‘s counterclaims against the amounts due are impossible for all conceivable cases, unless they are undisputed or have obtained legal validity. Differing to § 284 par. 3, 1st sentence of Civil Code it is agreed, that the buyer falls at once into arrears, if the buying price claim is due and the buyer doesn‘t pay after receipt of an overdue notice and a default summons. Even if the service is meant for a time after the calendar, the buyer falls at once into arrears without overdue notice, unless he hasn‘t paid in time.
9) We are entitled to assign our accounts receivable trade for financial purposes.
10) We are entitled to withdraw from the contract, to demand advance payment, or to reclaim goods already delivered, if doubts should arise regarding the soivency of the buyer. In case of distraint of goods supplied by us, the buyer must inform us immediately and pay all charges incurred by the measures for cancellation of the distraint.
11) We reserve the right of ownership of the goods supplied until full payment has been received. In the event of default of payment, that way all other claims are due immediately, without any separate need of notice. Now already, the buyer assigns us his claims arising from sales to third parties in the amount of the invoice. The height of the assignment is limited in as much as it will not exceed the amount owed by more than 20%. It is the obligation of the buyer to disclose us the name of the debtor on demand, to inform him about the transfer of claims, and to hand us over the sales documents. The buyer is not entitled to cede any claims to his bank creditors without our prior consent. For deliveries and services to buyer‘s from abroad it is explicit agreed that all costs for prosecution by us, in case of buyer‘s default of payment, as well juridically as out-of-court, are payable by the buyer.
12) The Buyer shall notify us of apparent defects within a period of eight days following receipt of the goods; otherwise he shall not be entitled to any claims with regard to these defects. Subject to appropriate treatment of our equipment, we warrant correct functioning for the statutory warranty period starring from the point of delivery, in the sense that we will replace free of charge any part of the equipment that shall prove useless due to faults in material or workmanship within that period. Warranty for parts not produced by ourselves will only be assumed insofar as we are entitled to warranty claims vis-a-vis their supplier. The costs incurred for inserting new parts shall be borne by the Buyer. Claims to cancellation of contract, reduction of the purchase price, and other damage claims shall be excluded.
13) Return shipments are subject to our prior approval.
14) If we charge the buyer or third parties with repair jobs the costs of which are to be born by us, payment will be effected according to the rates of time and wages fixed by us. These rates will be disclosed on demand.
15) Any contract shall be governed by German law. In the event that the Buyer is a merchant as defined by the Commercial Code, a legal entity subject to public law or a special fund subject to public law, Ichenhausen shall be the exclusive legal venue for any disputes arising directly or indirectly from the contractual relationship of the parties. We are entitled to complain at the court of jurisdiction of the contracting party.
16) Should any of the above clauses become invalid, all other clauses will remain in force without destriction.
17) These General Terms and Conditions and the entire legal relations between us and the Buyer shall be governed by the laws of the Federal Republic of Germany.