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Terms and Conditions(4) We are obliged in accordance with the provisions of applicable law to accept return ofnew goods or to reduce the purchase price regardless of the normally required deadlineif the purchaser's customer; the user of the new moveable goods (consumer goodspurchase) is able to demand that either the purchaser accepts return of the goods, orreduction in price due to a defect. Or, if the purchaser's customer can apply the right ofrecourse or similar. We are also obliged to compensate the purchaser for costs incurredin connection with the demand placed on the purchaser, in particular transport, travelling,working and material costs. This claim is excluded if the purchaser has properly fulfilledtheir obligation of inspection and notification pursuant to § 377 HGB.(5) The obligation pursuant to § 6 para. 4 is excluded where the defect results from advertisingstatements or other legal agreements not published by us or if the purchaser hasprovided the end consumer with a special warranty. This obligation is also excluded if thepurchaser was not obligated to implement the warranty rights with regards to the endconsumer due to legal provisions, or where the end consumer has not informed thepurchaser of any claims that may have arisen. This also applies if the purchaser has providedthe end consumer with warranties that exceed legal requirements.(6) We are liable without exclusion in accordance with legal provisions for any damage to life,body and health due to a wilful or negligent breach of obligation; this includes both ourlegal representatives and other representatives. We are also liable for damages in accordancewith the product liability law. We are liable in accordance with applicable law fordamages not accounted for in clause 1, that can be deemed a wilful and gross breach ofcontract and/or fraudulent, this also includes both our legal representatives and otherrepresentatives. Our liability is limited in such cases to foreseeable, typically occurringdamages when the delivery delay is caused by wilful breach of contract for which we andboth our legal representatives and other representatives are not responsible. In the eventof our applying a consistency and/or shelf-life guarantee to a product or part; we are liablewithin the provisions of such guarantee. We are only liable for damages caused bymalfunction of the guaranteed consistency or shelf-life guarantee but that do not directlyaffect the product insofar as there being a visible risk of damage covered by the consistencyand shelf-life guarantee.(7) We are also liable for damages that are caused by minor negligence, if such negligenceinjures our contractual obligations, compliance of which can be considered as havingspecial importance in connection with the achievement of the contractual aims (cardinalobligation). However, we are only liable insofar that the damages were typically connectedto the contract and that they were foreseeable.(8) Further liability is, without consideration of the legal nature, excluded; this especiallyapplies to tort claims or claims for compensation of futile expenditure instead of accomplishment.Our liability in accordance with § 6 para. 2 to para. 6 of these Conditionsremain unaffected. If our liability is excluded or reduced, this also applies to the personalliability of all management, employees and representatives.(9) Any damage claim in connection with a defect that the purchaser may hold is subject toa limitation period of one year from delivery. This does not apply to damage to life, bodyand health for which our management, employees and representatives can be deemedresponsible, or if our management, employees and representatives have acted in a wilfulor negligent manner.§ 7Retention(1) The delivered goods remain our property (reserved goods) until complete fulfilment of alldebts; this includes payment requests for open accounts to which we are, with regard tothe purchaser entitled now or in the future. After giving suitable notice, we retain the rightto repossess goods in cases where the purchaser acts in a manner contrary to the contract,e.g. delayed payment. Repossession of goods implies a withdrawal from the contract.Impounding of goods is a withdrawal from the contract. We retain the right to utiliserepossessed goods as we see fit. After deduction of an adequate amount for the utilisationcosts, proceeds will be offset against the amount owing.(2) The purchaser is obliged to treat the reserved goods in a careful manner and, at its owncost, to insure these to the purchase value against fire and water damage and theft. Runningmaintenance and servicing must be dealt with by the purchaser at its own cost andin a timely manner.(3) The buyer has the revocable entitlement to duly sell and/or use the reserved goods in thecourse of business in the event that the buyer is behind schedule with the settlementof the invoice. Pledges or security tranfers of title are inadmissible during the defaultperiod. Outstanding debts or other legal causes arising from the sale of the reservedgoods (insurance or civil offences) are conveyed with immediate effect to us; weherewith accept the conveyance. We authorise the purchaser to collect such debts onits own account. The collection authorisation can be revoked at any time, if the purchaserdoes not fulfil its payment obligation in an orderly manner. The purchaser is notpermitted to use factoring as a means of collection unless the factor accepts liability tous for the value of the outstanding debt for the time that the purchaser remains indebtedto us.(4) Conversion or reclassifying of the reserved goods by the purchaser will, in all cases becarried out for us. We acquire co-ownership to the value of the reserved goods if thereserved goods are converted together with other items not belonging to us (gross invoicevalue including value added tax). New changes arising from the conversion will betreated the same as reserved goods. In cases where reserved goods are inseparable withitems not belonging to us, we acquire co-ownership to the value of the reserved goods(gross invoice value including value added tax). Both us and the purchaser agree that ifthe greater volume of combined goods belongs to the purchaser, the purchaser will conveyco-ownership to us; we herewith accept the conveyance. We will appoint the purchaserto be custodian of the newly acquired sole or co-owned goods.(5) Any attempt to seize the reserved goods by a third party, especially enforcement (attachment,distraint etc.) will result in the purchaser giving notice that the goods belong to us andimmediately informing us, in order for us to enforce ownership. The purchaser is liable, ifthe third party is not in a position to reimburse connected costs, legal or otherwise.(6) We are obliged to release securities to which we are entitled, if the feasible value of oursecurities exceeds the respective debt by more than 10%, such securities will be releasedat our discretion.§ 8RepairsThe purchaser must give explicit instruction if it requires a quote prior to our carrying outa repair. We retain the right to engage a third party to carry out a repair. Shipping andpackaging costs will be charged to the purchaser separately.§ 9RevisionWe retain the right to make changes to both the design and technical specification in linewith technical advancements. We are under no obligation to deliver spare parts for discontinuedgoods.§ 10Price and quantity obligationsBoth these Conditions and those of the respective manufacturer apply to ordered productsthat have connected pricing and/or quantity obligations.§ 11Special provisions(1) The purchaser is obliged to adhere to special directives e.g. from the Federal Post beforeoperation of ready-to-use units. We cannot be held responsible for negligent behaviouron the part of the purchaser.(2) Before operation and especially with imported goods, the purchaser is obliged, only tosell such goods to the consumer if the goods fulfil all regulations in accordance withapplicable law and/or other German regulations. We cannot be held responsible if thepurchaser does not make necessary enquiries in connection with the legal standing.§ 12Jurisdiction and Severability(1) All deliveries, payments and any disputes between us and the purchaser arising out ofthe contractual agreement will be carried out at our company seat. However, we retainthe right to prosecute legal action at the company seat or residential address of thepurchaser.(2) The contractual agreement between us and the purchaser is subject to the applicable lawof the Federal Republic of German. The application of the uniform law governing theinternational purchase of movable goods and the act governing international sales ordersof movable goods is excluded.Heinz-Günter Lau GmbHIssue: 10/2010134Spitzentechnologie, die überzeugt