Terms & Conditions

General terms and conditions of sale and deliver for AKB Antriebstechnik GmbH

 

1. General

1.1 These terms of sale and delivery apply for all deliveries and services – including future deliveries and services – provided by our company within the framework of purchase contracts, service contracts and contracts for labour and materials (“supply contracts”). The purchaser’s terms and conditions are expressly gainsaid. They therefore do not bind us even if we have not expressly objected to them again upon receipt.

1.2 The supply contract only becomes binding with the dispatch of our order confirmation (by letter, fax or email). Subsequent changes to the supply contract require our written confirmation.

1.3 Drawings, illustrations, weights and other documents pertaining to the quote are only approximate, unless expressly confirmed otherwise. We reserve the right to make design alterations. We retain ownership and copyrights to quotations, drawings, photographs and other documentation, these may not be made accessible to third parties without our authorisation.

1.4 The latest version of the “Incoterms” from the International Chamber of Commerce apply for the interpretation of the delivery terms (e.g. fob, cif, c and f).

 

2. Prices and terms of payment

2.1 The prices are daily prices, they are net ex factory and/or customs warehouse. The prices valid on the day of delivery are used for calculation. Payments in advance are not considered as partial fulfillments. Cheques shall only be valid payment after being cashed. Rebates and bank fees shall be borne by the purchaser.

2.2 Unless otherwise expressly agreed, payment should be made as follows: 30 days after the invoice date regardless of receipt of the delivery item.

2.3 By derogation from §284 Para. 3 of the BGB [German Civil Code], the purchaser is not only in arrears 30 days after receipt of our invoice, but also if the requirements of §284 Para. 1 or 2 of the BGB are met, i.e. following a reminder or on the calendar date on which our claim becomes due.

2.4 In the event of late payment, the purchaser shall pay interest at the rate of 6% p.a. Above the base rate; enforcement of further damage resulting from a delay shall not be affected by this.

2.5 The purchaser shall not be entitled to a right of retention. Offsetting with counterclaims is only permissible to the extent that we recognise these to be extant and due or they are legally established.

2.6 If import licences or other approvals are required in the destination country, then the purchaser must provide us with the number, approval date and validity period for these when placing the order.

 

3. Delivery period

3.1 The delivery period begins on the day of order confirmation, but not before clarification of all technical and commercial details and submission of approvals which may be required. The delivery period shall be deemed to be met if the purchaser is informed of readiness for dispatch within the delivery period. Any possible modifications to the design of the delivery item requested by the purchaser within the delivery period shall interrupt and extend the delivery period accordingly.

3.2 Partial deliveries are permitted.

3.3 The occurrence of unforeseen incidents entitles us to postpone the delivery by the duration of the hindrance plus a reasonable start-up time. Such circumstances that we are not able to prevent with reasonable care under the circumstances, e.g. war, monetary policy, trade or other sovereign measures, internal unrest, forces of nature, fire, strikes, lockouts, non-delivery of primary materials through no fault of our own, traffic or operating disruptions and other instances of force majeure resulting in the fulfilment of the supply contract being jeopardised, made significantly more difficult or made impossible shall be considered to be unforeseen events. In this case, we shall be entitled to withdraw from the contract without the payment of damages. The purchaser may request clarification from us as to whether we are withdrawing or will deliver within a reasonable period. If we do not provide clarification, the purchaser may withdraw from the contract. The purchaser may not refuse partial deliveries or partial performances.

3.4 If a delay in delivery occurs for other reasons, then the purchasers must specify a reasonable grace period in writing. If the delivery item is not dispatched by us within this grace period, then the purchaser shall be entitled to withdraw upon expiry of the term for those parts which have not been dispatched or reported as ready for dispatch upon expiry of the grace period. Only if the partial performances already rendered are without interest for the purchaser shall it be entitled to withdraw from the contract in its entirety. If the purchaser suffers damages as a result of delays for which we can be held responsible, then we will provide compensation for the damages incurred, but only to the amount of ó% of the purchase price per week of further delivery delay, to a maximum of 5% of the purchase price. This limitation does not apply where we are liable in cases of intent or gross negligence. The purchaser’s right to withdrawal in the event that a grace period set for us expires without results remains unaffected.

3.5 If the purchaser does not accept the delivery item at the agreed time, it shall nevertheless be obligated to make payment of the purchase price. Storage of the delivery item in this case shall be done at the purchaser’s cost and risk.

 

4. Shipping, packaging and transfer of risk

4.1 All of our deliveries are made ex factory, freight and insurance costs and customers duties shall be borne by the purchaser. In the absence of other agreements,goods are packed on a standard EU-pallet for shipment by truck. Transport insurance is only taken out at the express request of the purchaser, in their name and at their expense

4.2 Shipping of the delivery item is done at the purchaser’s expense and risk. The risk shall pass to the purchaser upon handover of the goods to the carrier or haulier, and upon leaving our warehouse or supply factory at the latest, even for free delivery to the destination. If shipping is delayed owing to conduct by the purchaser, the risk shall pass to the purchaser upon notification of readiness for dispatch.

4.3 Goods reported as ready for dispatch must be retrieved immediately. Otherwise, we are entitled to ship them or to store them at the customer’s expense and to invoice immediately at our own discretion.

 

5. Reservation of ownership

5.1 The delivery item remains our property until all claims have been settled, regardless of the legal grounds, even if payments for specifically designated claims have been made. For open accounts, the reserved ownership serves as a security for our balance payment claim. If a cheque/bill procedure is executed between us and the purchaser, then the reservation of ownership remains until legal recourse can no longer be taken against us based on the bill of exchange. The same applies for any contingent liabilities which we take in the interests of the purchaser.

5.2 The processing or finishing of the reserved goods is done for us as the manufacturer within the meaning of §950 of the BGB [German Civil Code], without obligating us. In the event of processing by the purchaser with other goods which we do not own, we shall be entitled to joint ownership of the item produced, proportionally to the invoice value of our processed reserved goods in relation to the total invoice value of all goods used in production.

5.3 If the goods delivered by us are mixed or combined with other items and our ownership of the reserved goods ceases as a result of this (§§947, 948 of the BGB), then it shall be agreed that ownership of the mixed stock or the uniform product in the amount of the invoice value of our reserved goods shall pass to us and that the customer shall store these goods for use free of charge.

5.4 The new products resulting from processing or from combination or mixing shall be considered to be reserved goods for the purposes of these conditions of sale and delivery.
5.5 The purchaser shall be entitled to process and dispose of the reserved goods in the normal course of business unless it is in arrears to us, has stopped payments or a judicial bankruptcy procedure has been started against its assets. It is understood that the purchaser’s claim to resale as well as all ancillary rights are now ceded to us in full, for resale together with other goods not belonging to us only to the amount of our invoice amount for the goods supplied by us, for resale following combination, mixing of processing only to the amount of the value of our share of the ownership. The purchaser shall not be entitled to other dispositions concerning the reserved goods, in particular to pledging and or transfer of goods to third parties by way of security, unless we have granted written permission for this.

5.6 The purchaser is required to inform us immediately if third parties assert rights to the reserved goods.

5.7 The purchaser is authorised to collect the claims assigned to us. We may revoke this authorisation if the purchaser is in arrears with its payments to us or in the event of a significant worsening of its financial situation within the meaning of 5.5.

5.8 In this case, we are also entitled to request the surrender of the reserved goods for the purpose of security without entitlement for the customer to any right of retention against this claim and without hereby withdrawing from the supply contract.

5.9 If the value of the existing securities exceeds the value of the secured claims by a total of more than 20%, then we shall be obliged, upon request by the purchaser, to release securities of our choice to this extent.

5.10 If the reservation of ownership is invalid in accordance with the law of the country in which the goods are delivered, then such security for our purchase price claim as can be validly agreed in the country in question and most closely approximates the economic intent of reservation of ownership shall be considered to have been agreed. The purchaser is required to take all of the measures required for this in fact or in law for us.

 

6. Warranty

6.1 The purchaser must examine the delivery item immediately upon receipt with all due care required by the circumstances; complaints concerning any defects discovered in the processes must be submitted in writing, by fax or by telephone within a grace period of 2 weeks. Complaints concerning defects which are not obvious must be submitted within two weeks of discovery if the purchaser is a merchant or a legal person under public law.

6.2 In the event of justified, immediate notification of defects, the warranty covers either repair of the delivery item or replacement of defective parts, at our discretion. As an alternative, we are also entitled, with appropriate consideration of the purchaser’s interests, to compensate for the reduced value.

6.3 If we undertake a repair or replacement, then we will bear the labour costs for our personnel or the sub-contractor used by us for this purpose. However, the purchaser shall bear the costs for returning the defective parts to us and shipping out of the repaired parts or replacement parts as well as the labour costs for the removal of the defective parts, re-installation of the repaired parts or replacements parts or in connection with repair works on the purchaser’s premises.

6.4 If we do not fulfil our obligation to provide repairs or replacements or do not fulfil it as provided for in the contract, or if this fails, the purchaser shall be entitled to a reduction in the payment or, at its discretion, cancellation of the contract of sale.

6.5 Other or further warranty claims are excluded. This also applies for claims for compensation for damage which was caused to items other than the delivered item itself (consequential damage). In the event that promised features are lacking, claims for damages may only be enforced insofar as the purchaser should have been provided by the warranty with safeguards against damage of the type which occurred.

6.6 Our warranty obligation only covers parts which we have produced ourselves. For parts which we have not produced ourselves, e.g. measuring instruments, couplings, suction and pressure hoses, the warranty is limited to conveyance of the warranty claim to our suppliers. In this case, we can only be held liable if enforcement of the assigned right fails.

6.7 Our warranty obligation ceases if the delivery item is disassembled by third parties or has been modified through the installation of parts of a different origin and there is a causal connection between the damage and such a modification. The warranty obligation also ceases if the purchaser does not or does not properly follow our instruction concerning handling of the delivery item (instruction manual). Furthermore, the warrant shall not apply if it is determined that the permissible maximum speeds or other technical parameters were exceeded.

6.8 Warranty claims expire 12 months after the transfer of risk if not agreed otherwise by contract.

 

7. General limitation of liability

7.1 Insofar as these conditions are not otherwise regulated, we may only be held liable for damages resulting from breach of contractual or non-contractual obligations in the case of intent or gross negligence. However, we shall only be liable for intent and gross negligence by non-managerial vicarious agents if they breach a significant contractual obligation. The above limitations of liability also apply where we provide the purchaser with advice in relation to the delivery item or its use.

7.2 All claims against us, regardless of the legal grounds, shall lapse after one year at the latest unless a shorter statute of limitations is specified or agreed legally or in these conditions of sale and delivery.

7.3 Claims owing to personal injury or damages to items used for private use are not affected by the above regulations in accordance with product liability law.

 

8. Place of fulfilment, place of jurisdiction and applicable law

8.1 For ex factory delivery, the place of fulfilment for our deliveries shall be the supply factory.

8.2 The place of jurisdiction is the headquarters of the company concluding the supply contract, where the purchasers is a merchant or a legal person under public law.

8.3 The same place of jurisdiction applies if the purchaser does not have a general place of jurisdiction nationally or moves its place of residence or habitual residence abroad after conclusion of the contract. In any case, we may also sue the purchaser at its registered offices.

8.4 For all legal relationships between us and the purchaser, the applicable law governing the legal relationship between domestic contracting parties at the headquarters of the company which concludes the supply contract with the purchaser shall apply.

Version: 01/09/2016

General Purchasing Conditions

1. Orders

1.1  Orders are made exclusively according to our General Purchasing Conditions. We do not accept contradictory or deviant Terms of Business of our suppliers unless we have explicitly consented to these in writing. Neither the acceptance of the delivery of goods, services, or work (hereinafter referred as deliveries) without reservation nor the payment of invoices without reservation, constitute an acceptance of such terms of business.

1.2  The preparation of offers by the supplier is free of charge and non-binding for us.

1.3 Only written orders placed by us are deemed to be valid. Verbal agreements must be confirmed in writing. In all cases we expect a written confirmation of the order.

1.4 Additional conditions or contractual clauses of the supplier shall be deemed rejected by us until we have agreed to such additional conditions or clauses in writing.

1.5  All future individual contracts between the supplier and us shall be based on these General Purchasing Conditions, while at the same time excluding other General Contract Conditions.

2. Delivery time

2.1 The agreed delivery times and delivery dates are binding. They are deemed to be fixed deadlines.

2.2 The supplier is obliged to compensate us for all damages due to delay unless he can prove to us that he is not responsible for the delay. The acceptance of a delayed delivery does not constitute a waiving of claims for compensation.

2.3 If the agreed binding delivery dates are exceeded due to circumstances for which the supplier is responsible, after the expiry of a reasonable period of grace set by us, we are entitled, without prejudice to further legal claims, to demand at our discretion either compensation in place of fulfilment, or to obtain replacement from third parties. The right of withdrawal remains unaffected.

2.4 The supplier does not have any right to hold back the delivery due to any differences pertaining to other deliveries or business transactions.

2.5 Partial deliveries or over- or under-deliveries require our consent.

2.6 In case of delays to delivery, we are entitled to demand an all-inclusive compensation for delay to the amount of 1% of the value of the delivery for each started week of delay, however, not more than 5%. We reserve the right to further legal or claims. The supplier is entitled to prove to us that no damage or considerably less damage has resulted from the delay.

3. Prices

3.1 Unless otherwise agreed, the prices apply DDP (delivery duty paid in accordance with the current version of the Incoterms) carriage free to our facility.

3.2 We expect most favored customer status from our suppliers.

4. Terms of Payment

4.1 Unless otherwise agreed, payment shall be made after 14 days with 3% discount or within 90 days net. The term for payment commences on the date of receipt of the invoice or the goods. If the supplier has issued an incorrect invoice, the period for discount commences with the receipt of the correct invoice by post.

5. Dispatch and Transport Insurance

5.1 Unless otherwise agreed, deliveries are made DDP (Incoterms in their currently valid version) to the place designated by us, including packaging and preservation measures. The currently valid versions of our dispatch and transport regulations apply. The order code must be stated in all consignment documents. Each consignment must be accompanied by a delivery note.

5.2 In case of unstamped deliveries we shall receive a duplicate of the consignment not in addition to the delivery note. On principle, the most economical method of dispatch is to be selected. We shall not bear the transportation costs if the supplier is forced to select a more expensive method of dispatch in order to avoid, or as a result of delays to delivery.

5.3 If direct dispatch to our customers is stipulated, we expect that the supplier provides a notification of dispatch signed by the carrier in order to verify the invoice.

6. Terms of Delivery

6.1 The supplier commits to fulfil the relevant applicable requirements under national and international export, customs and foreign trade law and to obtain the necessary export permits for all deliveries, unless we or a third party and not the supplier are obliged to apply for the export permit according to the applicable export, customs and foreign trade laws. In this case, the supplier will expressly point this out to us in writing in accordance with section 2 below.

  1. The supplier must provide us in writing, as early as possible, however at the latest with the communication of the order confirmation, with all information and data (for each item on the order confirmation, the delivery note and the invoice) which we require for compliance with the applicable export, customs and foreign trade law, as well as in the case of resale for the re-export of deliveries, in particular the following data in the current version for each individual delivery:
    • the Export Control Classification Number (ECCN) according to the U.S. Commerce Control List (CCL), insofar as the product is subject to the U.S. Export Administration Regulations (EAR);
    • whether the goods were manufactured or stored in the USA or were manufactured with the aid of US American technology;
    • the number of the German export list (AL) as well as the EU Dual-Use Ordinance;
    • the statistical goods number according to the goods classification of the foreign trade statistics of the Federal Statistical Office (also called customs tariff number, goods tariff number or HS code (“Harmonized System”);
    • the country of origin (non-preferential origin);
    • a long-term supplier declaration for preferential origin (for European suppliers) or certificates for preferences (for non-European suppliers) drawn up in accordance with the requirements of EG-VO 1207/2001 in conjunction with EU-VO 2017/989.

6.2 In case of changes of origin or the characteristics of the goods or services or the applicable export, customs and foreign trade law, the supplier must update the existing export control and foreign trade data and inform us of this immediately.

6.3 The supplier commits to indemnify us from all claims by third parties, which are due to the omission of or incorrect export control and foreign trade data which he provides according to the above regulations, and to compensate us for all the necessary expenses and damages within the context of the legal regulations.

6.4 The supplier ensures that deliveries under the order are RoHS–compliant and therefore in conformity with the EC Directive on the Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment (Directive 2011/65/EU) at the time of delivery. In the event that deliveries fail to comply with this EC Directive, the supplier must inform us of this immediately in writing and shall – without prejudice to any warranty claims AKB Antriebstechnik may raise – compensate AKB Antriebstechnik for any damage arising from such non-compliance.

6.5 The supplier ensures that the delivered products comply with the provisions of Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). Should the delivered goods contain substances which are part of the “Candidate List of Substances of very High Concern” (“SVHC-List”) of REACH, the supplier is committed to notify AKB Antriebstechnik immediately.

6.7 In case of violation of any of the aforementioned obligations AKB Antriebstechnik is entitled to cancel the corresponding order immediately and to refuse the corresponding delivery without any costs. Potentially existing claims remain unaffected; a cancellation or a refusal does not imply any waiver of any right to claim.

6.8 The supplier commits to act according to the “Dodd- Frank Wall Street Reform and Consumer Act”.

6.9The supplier guarantees that the latest technical documents (amongst others manual, EU-Declaration of Conformity, EU-Type examination certificate ) are available to us at any time. We have to be informed immediately, if the documents are modified.

7. Supply of spare parts

7.1 The supplier undertakes to keep spare parts available for the products delivered to us for a period of at least ten (10) years from the time of delivery.

7.2 If the supplier intends to discontinue the production of spare parts for the products delivered to us after 10 years, he will inform us of this in writing immediately after the decision to discontinue. This decision must be made at least six (6) months prior to the cessation of production.

8. Warranty for Defects

8.1 Unless otherwise agreed, the warranty for defects is according to the statutory regulations.

8.2 Our descriptions, drawings or samples are exclusively definitive for the design and quality of the product.

8.3 The supplier assures that all items subject to the deliveries are in his full ownership and that there are no other rights of third parties (such as liens, other creditor positions from the assignment of claims or other credit securities, sale of claims, hire purchase, conditional purchase, industrial property rights, etc.) to the contrary.

8.4 The supplier releases us from all claims asserted against us by third parties due to the infringement of industrial property rights through the use of the delivery. We will inform the supplier in text form if such third-party claims are asserted against us due to the infringement of property rights.

8.5 The supplier of goods and work undertakes a guarantee of proper material quality and workmanship and the fault-free function of the components for two (2) years as of the commissioning of the goods.

8.6 In case of danger to operation, danger of excessively serious damage, or to maintain our ability to deliver with regard to our customers, after notifying the supplier we may perform any reworking ourselves or have this carried out by third parties. Any resulting costs for this shall be borne by the supplier.

8.7 The supplier shall be liable for all direct or indirect damages and expenses incurred by us as a result of defects of the goods or work.

8.8 Expenses for the inspection of incoming goods and work which exceed the usual scope shall also be due for compensation if at least a portion of the delivery is identified as being defective. This also applies to a partial or complete inspection of the deliveries received by us or our customers in the further course of business. Additional expenses for transportation, journey distances or material, which result from a defective delivery, shall be reimbursed by the supplier. If the supplier utilizes third parties for the provision of the services, he shall be liable for these in the same manner as for his own agents.

8.9 For the duration of the supply relationship, the supplier is obliged to maintain adequate insurance cover for the risks as per this section. Evidence of this must be provided in writing at our request.

9. Complaints

9.1 The goods delivered or work will only be checked regarding their identity based on the consignment documents and for externally visible damage due to transportation. After discovery according to the circumstances of our normal course of business, faults of the delivery shall be notified to the supplier within a reasonable period of at least one week after their detection. In this regard, the supplier waives the objection of delayed notification of the fault.

9.2 The supplier must provide free replacement of rejected components. The costs incurred by us because of rejected deliveries and the resulting shipping costs shall be borne by the supplier. Faults which are established on commissioning subsequent to assembly shall be remedied by the provision of a fitter free of charge.

10. Assignment of Claims

10.1 On principle, claims against us may not be assigned to third parties.

11. Force Majeure

11.1 If we are prevented from accepting the delivery due to force majeure, in particular strikes, lock-outs, interruptions of operations for which we are not responsible, civil disturbances, pandemics or epidemics, official measures or other events for beyond our sphere of influence, we are entitled to entirely or partially withdraw from the contract or to postpone the date of acceptance for the duration of the obstruction, insofar as our obstruction is of a significant duration and the withdrawal or the postponement of the date of acceptance serves to safeguard our interests. Claims cannot be enforced against us.

12. Product Liability, Recall and Quality Assurance

12.1 The supplier is obliged to indemnify us against all claims due to product liability insofar as he is liable for the fault giving rise to such liability. In such cases he shall accept all costs and expenses, including the costs of any legal proceedings or a precautionary recall action. Insofar as is possible and reasonable, we shall inform the supplier of the content and scope of recall measures and provide him with opportunity for comment. Further legal claims remain unaffected.

12.2 The supplier shall insure himself to an adequate amount against all insurable risks resulting from product liability, including the risk of recall. He must submit the insurance policy to us for inspection on demand.

12.3 The supplier must perform quality assurance which is suitable both in type and scope according to the state-of- the-art and provide evidence of this to us on demand.

13. Tools

13.1 Regardless of other agreements, we shall acquire full or co-ownership of the tools for the production of the goods supplied to the extent to which we share in the evidenced costs. The tools become our (joint) property on payment. They shall remain on loan to the supplier.

13.2 The supplier is only authorised to actually or legally dispose of such tools, or to change their location or make them permanently non- functional with our consent. The tools are to be marked as our (joint) property by the supplier. The supplier shall bear the costs for the maintenance, repair and replacement of the tools. According to our share in the original tools, any replacement tools become our property. In case of co- ownership of a tool, we are entitled to an option to our joint share. The supplier may only use tools which are our (joint) property exclusively for the production of the goods to be supplied.

13.3 On termination of the deliveries, the supplier must surrender the tools to us immediately on demand. For tools which are our joint property, we shall reimburse the current value of the share of the supplier on receipt of the tool. Under no circumstances is the supplier entitled to a right of retention. The obligation for surrender also applies to the supplier in case of an application for insolvency against him, or in case of a long-term interruption of supply.

13.4 The supplier is obliged to insure the tools to the agreed amount, or to the usual extent in the event that no agreement has been concluded.

14. Confidentiality/ Information

14.1 The supplier shall keep confidential any information which we provide, such as drawings, documents, know- how, samples, means of production, models, data carriers etc. and not make this available to third parties (including sub-suppliers) without our written consent and shall not utilize this for any purpose other than that for which it is intended. This applies accordingly to copies. This obligation does not apply to information which was already legally known to him without obligation to confidentiality on receipt, or which subsequently legally becomes known to him without obligation to confidentiality, or which is generally known or becomes known without any breach of contract by either of the parties, or for which written permission for further use has been granted.

14.2 The supplier may not use our business relationship for advertising purposes without our prior written consent.

14.3 We reserve ownership and all other rights (e.g. copyright) to the information which we provide. Copies may only be made with our prior written consent. Copies become our property when they are made. It is deemed to be agreed between the supplier and ourselves, that the supplier shall keep the copies on our behalf. The supplier must carefully safeguard the documents and objects provided to him, as well as any copies thereof at his own expense and, maintain and insure the said. He must surrender or destroy these at any time on our demand. He is not entitled to a right of retention on any grounds whatsoever. The complete return or destruction must be confirmed in writing.

14.4 The supplier acknowledges that a breach of confidentiality in accordance with paragraph 1 above can result in significant non-material damage to us. The supplier therefore undertakes to pay us a contractual penalty for each case of breach of confidentiality, which we shall determine at our reasonable discretion and which, in the event of a dispute, is to be reviewed by the Hamburg Regional Court. The amount of the contractual penalty is due after its final determination. If the supplier does not object to the determination of the contractual penalty within a period of one month after receipt of this determination, the determination is valid. The contractual penalty is payable to us in each case. The right to assert claims for damages beyond this remains unaffected by this contractual penalty regulation. Any contractual penalties paid shall be offset against claims for damages.

15. Code of Conduct/ Social Responsibility

15.1 Compliance with the laws of the applicable jurisdiction is a self-evident contractual obligation. The supplier also expressly declares its willingness to observe and comply with the principles of our Code of Conduct on social responsibility.

15.2 The supplier shall explicitly not either passively or actively undertake any form of bribery, infringement of the fundamental rights of his employees, or utilisation of child labour. He is responsible for the health and safety of his employees at the workplace, shall observe environmental protection laws and shall demand compliance with these principles from his own suppliers.

16. General Provisions

16.1 These General Purchasing Conditions replace all previous terms and conditions of purchase that the parties had previously agreed orally or in writing. Previous agreements become ineffective with the inclusion of these General Purchasing Conditions.

16.2 If a provision of these General Purchasing Conditions is or becomes ineffective, the validity of the remaining provisions shall remain unaffected.

17. Place of Fulfilment, Place of Jurisdiction and Choice of Law

17.1 The place of fulfilment is our headquarter. The legal domicile for businesspersons, legal entities under public law or public special assets is Schwerin. If the legal dispute falls within the jurisdiction of a local court, the jurisdiction of the Schwerin district court is agreed.

17.2 German law applies exclusively, even for deliveries from foreign countries. The validity of United Nations law pertaining to the international sale of goods is suspended.

AKB Antriebstechnik GmbH                                                                                                                                                                                                            Ringstraße 18, D – 23923 Selmsdorf, Germany

 Version: September 2022