General terms and conditions 7. Industrial property rights LEHMANN retains ownership and copyright in illustrations, drawings and other documents. They shall not be made accessible to third parties without LEHMANN's consent and they shall be returned to LEHMANN immediately on request. If the making of goods according to the buyer's drawings, samples or other data infringes third party industrial property rights, the buyer shall indemnify LEHMANN from all claims. 8. Retention of title 8.1. Goods supplied shall remain our property until satisfaction of all our claims arising from the entire business relationship. If the realisable value of all our security rights exceeds the amount of all the secured claims by more than 10% we will release a corresponding part of the security rights upon request by the buyer. 8.2. The buyer is prohibited from pledging goods subject to retention of title or assigning them as security. The buyer is permitted to dispose of the reserved goods in the ordinary course of business. The buyer hereby assigns to us all its claims against third parties arising from resale of the reserved goods. The buyer is authorised to collect such claims even after assignment. Authority to collect may be revoked at any time. 8.3. Processing or conversion of the object of sale by the buyer is always undertaken on LEHMANN's behalf. If the object of sale is processed with other objects not belonging to us we shall acquire joint ownership of the new thing in proportion to the value of the object of sale to the other objects processed at the time of processing. 8.4. The buyer shall notify us immediately in the case of seizures, attachments or other third party disposals or encroachments. 8.5. If the buyer is in breach of its obligations, in particular in case of delay in payment, we shall be entitled to withdraw from the contract and take back the goods upon expiry without result of an appropriate time allowed for the buyer to perform, notwithstanding the legal provisions relating to the dispensability of setting a time. The buyer shall be obliged to surrender the goods. 9. Defects of quality We shall be liable as follows for defects of quality: 9.1. All parts or deliveries presenting a defect of quality within the period of limitation shall be repaired, re-delivered or re-manufactured at our option free of charge if the cause predates the passing of risk. 9.2. Claims for defects shall become statute-barred in 12 months. This shall not apply in cases of injury to life, limb or health, intentional or grossly negligent breach of duty or concealment of a defect with intent to deceive. 9.3. The buyer shall notify defects of quality without delay and within 8 days at the latest following receipt of the objects sold. 9.4. In case of complaints about defects the buyer's payments may be retained to an extent in an appropriate proportion to the defects of quality concerned. The buyer may retain payments only if a complaint is made about defects the justification for which is in no doubt. If a complaint about defects is unjustifiably made we shall be entitled to demand reimbursement of our expenses by the buyer. 9.5. LEHMANN shall first of all be given an opportunity of subsequent performance within an appropriate time. If subsequent performance is unsuccessful the buyer may withdraw from the contract or reduce the payment, notwithstanding any compensation claims in accordance with clause 10. 9.6. Warranty claims shall not apply in the case of minor deviation from the agreed quality, minor impairment of usability, natural wear and tear or damage occurring after passing of risk due to incorrect or negligent treatment, excessive stress, unsuitable operating consumables or special external influences not presupposed in the contract. If improper modifications or repairs are carried out by the buyer or third parties, no warranty claims shall apply to these or to the consequences ensuing. 9.7. Buyer's claims for expenses necessary for the purpose of subsequent performance, such as transport, travel, labour and material expenses, shall be excluded if the expenses are increased by subsequently taking the object delivered to a place other than the buyer's establishment unless such transfer is in accordance with its intended use. 9.8. The buyer shall be entitled to claim under a right of recourse against the seller in accordance with section 478 of the German Civil Code only if the buyer has not made any agreements with its customer that go beyond the statutory warranty claims. 9.9. Compensation claims shall also be subject to clause 10. Claims by the buyer further or other than as provided for here against LEHMANN and its agents due to a defect shall be excluded. 10. General limitations of liability We shall not be liable for losses caused by us, our legal representatives or agents through ordinary negligence. This applies regardless of the legal nature of the claim made, in particular arising from default, other breach of duty or tort. This limitation of liability shall not apply to damage due to injury to life, limb or health or to breach of essential contractual obligations. 11. Place of performance and jurisdiction The place of performance for the obligations arising from transactions, with respect to both delivery and payment, shall be Minden, Westphalia. The place of jurisdiction for both parties shall be Minden, Westphalia irrespective of the amount in dispute. 12. Choice of law German substantive law shall apply exclusively to legal relations in connection with this contract. 13. Partial ineffectiveness Should any of the above clauses be or become ineffective, the ineffective provisions shall be replaced by provisions coming as close as possible to the economic purpose of the ineffective provisions, taking appropriate account of both parties' interests. Stand September 2003 VCS 18.2 Technical details subject to modifications · all data without guarantee · © by LEHMANN-V. 0180-09/2012 Technische Änderungen vorbehalten · alle Angaben ohne Gewähr 14.3 

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