General Terms and Conditions of Purchase

1. Saueressig GmbH (hereinafter referred to as SAUERESSIG) shall only conclude contracts with entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law (hereinafter referred to as contractual partners) for deliveries and services to be provided by the contractual partner to SAUERESSIG, of which the following General Terms and Conditions of Purchase shall form an integral part.

Individual contractual agreements shall always take precedence over these General Terms and Conditions of Purchase.

2. The general terms and conditions of our contractual partner or a third party shall not become part of contracts with SAUERESSIG unless we expressly agree to their validity.

3. The place of performance for all deliveries and services arising from contracts with us is the registered office of SAUERESSIG.

4. We reserve the right of ownership and copyright to the drawings, illustrations, calculations, descriptions, and other documents provided by us. Our contractual partner may not make these documents available to third parties or use or reproduce them itself or through third parties without our consent. Our contractual partner shall return these documents to us upon request if they are no longer required or if negotiations do not lead to the conclusion of a contract. Copies made by the contractual partner shall be destroyed unless there are legal obligations to retain them.

5. Tools, devices, models, etc. that we make available to our contractual partner or that are manufactured for contractual purposes and invoiced to us separately by the contractual partner shall remain our property or shall become our property. They must be identified by the contractual partner as our property, stored carefully, protected against damage, and used only for the purposes of the contract. Upon request, the contractual partner is obliged to return the items to us in proper condition if they are no longer required for the fulfillment of the contracts concluded with us.

6. Our contractual partner may only accept our offers (orders or purchase orders) within one week of the date of the order. The date of receipt of the acceptance (order confirmation) by us shall be decisive for the timely acceptance of the offer by our contractual partner. The contractual partner shall notify us of any obvious errors (e.g., typing and calculation errors) and omissions in the orders (including the accompanying documents) before acceptance.

7. We are entitled to change the agreed service by notifying our contractual partner under the following conditions:

• We shall observe a reasonable period for our notification, but at least five working days before the agreed time of performance.
• The changed service can be provided within the scope of our contractual partner’s normal business operations without significant additional effort.
• The agreed performance time shall be extended by the period required for the change in performance.
• We shall reimburse our contractual partner for any expenses incurred as a result of the change, which shall be itemized separately.

Our contractual partner shall inform us of the expected expenses or change in the performance time immediately upon receipt of the declaration of change.

8. We shall be entitled to withdraw from the contract concluded if we are no longer interested in the service for reasons that arose after conclusion of the contract and for which we are not responsible according to the contractual or statutory distribution of risk. We shall reimburse any partial services already rendered and other expenses already incurred for the performance of the contract upon presentation of evidence.

9. The prices stated in our orders are binding. The prices also include packaging and delivery of the goods to the place of performance specified in the contract and (if owed) their assembly. At our request, our contractual partner shall take back the packaging at its own expense.

10. Our contractual partner shall indicate our order number, item number, delivery quantity, and delivery address in all order and order confirmations, delivery documents, and invoices.

11. Our contractual partner is not entitled to make partial deliveries. The contractual partner is also not entitled to have the service owed by it performed by third parties (e.g., subcontractors) without our prior consent.

12. The performance time specified by us in the orders or purchase orders is binding. Our contractual partner shall inform us immediately if it is to be expected that the performance time cannot be met. The contractual partner bears the procurement risk for its services, unless otherwise agreed (e.g., delivery of an item in stock).

13. If the performance time is determined according to the calendar (delivery date or delivery period), our contractual partner shall be in default upon expiry of this day without the need for a reminder on our part. However, we may only demand compensation in lieu of performance if we have unsuccessfully set the contractual partner a reasonable deadline for performance.

14. We shall be entitled to demand a contractual penalty from our contractual partner for each calendar week of delay, amounting to 1%, but

not exceeding 5% of the respective net order value. The contractual penalty shall be offset against the damage caused by the delay to be compensated by the contractual partner as minimum damages and may be claimed on the contractual partner’s invoice until payment is made.

15. Even if shipment has been agreed, the risk shall not pass to us until the item has been handed over to us at the agreed place of performance. If acceptance has been agreed, this shall be decisive for the transfer of risk.

16. Our claims for material defects and defects of title shall be governed by the statutory provisions, subject to the following provisions:

Our obligation to inspect the goods is limited to defects that are apparent upon visual inspection upon receipt, including inspection of the delivery documents, and upon random sampling for quality control (e.g., transport damage, incorrect or incomplete delivery). If acceptance has been agreed, there is no obligation to inspect. In all other respects, it depends on the extent to which an inspection is reasonable in the circumstances of the individual case in the ordinary course of business. Defects shall be reported in a timely manner if we notify the contractual partner of them within two weeks of delivery of the goods or discovery of a defect that only becomes apparent later. Acceptance or approval of samples or specimens submitted does not constitute a waiver of claims for defects.

Upon receipt of our notification of defects by the contractual partner, the limitation period for claims for defects shall be suspended until the contractual partner refuses to remedy the defect or otherwise refuses to continue negotiations regarding our claims. If acceptance of the service has been agreed, the limitation period for claims for defects shall commence upon acceptance.

The expenses incurred by our contractual partner for the purpose of inspection and rectification (including any removal and installation costs) shall be borne by the contractual partner even if it transpires that there was in fact no defect. Our liability for damages in the event of unjustified demands for the rectification of defects shall remain unaffected in accordance with Section 20.

If the contractual partner fails to fulfill its obligation to remedy the defect – at our discretion either by rectifying the defect (repair) or by delivering a defect-free item (replacement delivery) – within a reasonable period set by us, we may remedy the defect ourselves and demand reimbursement of the necessary expenses or a corresponding advance payment from the contractual partner. If the subsequent performance by the contractual partner has failed or is unreasonable for us (e.g., due to particular urgency, danger to operational safety, or the imminent occurrence of disproportionate damage), no deadline shall be set; we shall inform the contractual partner of such circumstances immediately, if possible before remedying the defect.

17. The agreed remuneration is due for payment within 30 calendar days of complete delivery and performance (including any agreed acceptance) and receipt of a proper invoice. If we pay within two weeks, the contractual partner shall grant us a 3% discount on the net amount of the invoice. In the case of bank transfer, payment shall be deemed to have been made on time if our transfer order is received by our bank before the expiry of the payment period. We are not responsible for delays caused by the banks involved in the payment process.

18. We shall not owe any interest on arrears. We shall only be in default after receiving a written reminder from our contractual partner. In the event of default in payment, we shall owe default interest at a rate of five percentage points above the base rate in accordance with § 247 BGB (German Civil Code).

19. We are entitled to set-off and retention rights as well as the defense of non-performance of the contract to the extent permitted by law. In particular, we are entitled to withhold due payments as long as we still have claims against the contractual partner arising from incomplete or defective services.

20. Our liability for damages, insofar as it is based on fault, shall be limited in accordance with the following provisions:

SAUERESSIG shall not be liable in the event of simple negligence on the part of organs, legal representatives, employees, or other vicarious agents, unless this constitutes a breach of essential contractual obligations.

Essential obligations are obligations which SAUERESSIG must grant to the contractual partner in accordance with the content and purpose of the contract or whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. A claim for damages due to a slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.

The above limitation of liability shall also apply to the same extent in favor of SAUERESSIG’s organs, legal representatives, employees, and other vicarious agents, insofar as they are personally liable.

Insofar as we provide technical information or advice and this information or advice does not form part of the contractually agreed scope of services owed by SAUERESSIG,

this shall be provided free of charge and to the exclusion of any liability.

Our liability for grossly negligent or intentional conduct or for injury to life, limb or health remains unaffected.

21. Retention of title by the contractual partner shall only apply insofar as it relates to our payment obligation for the respective products to which the contractual partner retains title. Extended or prolonged retention of title by the contractual partner is not permitted.

22. The contractual partner may only transfer rights and obligations arising from a contract concluded with SAUERESSIG to third parties with our written consent. This does not apply to monetary claims against SAUERESSIG.

23. The law of the Federal Republic of Germany shall apply, with the exception of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts at the registered office of SAUERESSIG shall have exclusive jurisdiction over all disputes arising from contracts with us. However, we shall also be entitled to bring proceedings before the courts at the registered office of the contractual partner.

GENERAL TERMS AND CONDITIONS OF DELIVERY, ASSEMBLY AND REPAIR SAUERESSIG

I. General provisions for deliveries, assembly and repairs

1. Saueressig GmbH (hereinafter referred to as SAUERESSIG) shall only conclude contracts with entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law (hereinafter referred to as contractual partners) for deliveries and services to be provided by SAUERESSIG to the contractual partner, of which these General Terms and Conditions of Delivery, Installation and Repair shall form an integral part. The general terms and conditions of our contractual partner or a third party shall not become part of contracts with SAUERESSIG.

Individual contractual agreements shall take precedence over these General Terms and Conditions of Delivery, Assembly and Repair.

2. Our offers to the contractual partner are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. We can accept orders or purchase orders from the contractual partner within two weeks of receipt. The contractual partner is obliged to inform us, prior to conclusion of the contract, of the regulations on environmental protection and accident prevention applicable at the place of delivery or performance and applicable in each individual case.

3. Our information on the subject matter of the delivery or service (e.g., weights, dimensions, utility values, load capacity, tolerances, and technical data) as well as our representations (e.g., drawings and illustrations) are only approximate unless exact conformity is required for the contractually intended purpose. Information and representations are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that are due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible provided that they do not impair the usability of the delivery or service for the contractually intended purpose.

4. The place of performance for deliveries and services is the registered office of SAUERESSIG.

5. Delivery and service times promised by SAUERESSIG are only approximate, unless a binding deadline or date has been expressly agreed. If shipment of an item has been agreed, deadlines and dates refer to the time at which MTTHEWS hands over the item to the forwarding agent, carrier, or any other third party commissioned with the shipment.

6. SAUERESSIG shall not be liable for the impossibility of delivery or performance or for delays if these are due to force majeure or other events that were unforeseeable at the time of conclusion of the contract and for which we are not responsible (e.g., operational disruptions, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official approvals, official measures or incorrect or late delivery by suppliers). This shall also apply if such events occur after we have fallen into default. If such events make delivery or performance significantly more difficult or impossible and the hindrance is not only of a temporary nature, both parties shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the deadlines shall be extended or the dates postponed accordingly, plus a reasonable start-up period. If the contractual partner can no longer be expected to accept the delivery or service due to such a delay, the contractual partner may withdraw from the contract.

7. We shall be entitled to deliver or perform only in return for consideration or security if, after conclusion of the contract, it becomes apparent to us that our claim to consideration is at risk due to the contractual partner’s inability to perform.

8. Our prices are in US dollars ex works plus packaging, sales tax, and other public charges (e.g., fees, costs for permits, or customs formalities). All taxes, fees, or other charges incurred outside the United States are the responsibility of the contracting party. The contractual partner shall also obtain official approvals in the country of export (e.g., import licenses) at its own expense. If the agreed prices are based on our list prices and delivery or performance is not to take place until more than four months after conclusion of the contract, our list prices valid at the time of delivery or performance shall apply. Any agreed discount shall be taken into account accordingly.

9. Offsetting against counterclaims of our contractual partner or withholding payments due to such claims is only permissible if the counterclaims are not disputed by us or have been legally established.

10. We reserve the right of ownership and copyright to the drawings, illustrations, calculations, descriptions, and other documents provided by us. Our contractual partner may not make these documents accessible to third parties or use or reproduce them itself or through third parties without our consent. Our contractual partner shall return these documents to us upon request if they are no longer required or if negotiations do not lead to the conclusion of a contract. Copies made by the contractual partner shall be destroyed unless there are legal obligations to retain them.

11. Our contractual partner shall ensure that the templates to be supplied by them (e.g., photos, raw data, final artwork, drawings, sample documents, or similar) are complete and correct in terms of content. Our contractual partner shall be liable for ensuring that the use of these templates does not infringe the rights of third parties.

Unless expressly agreed otherwise, we are not obliged to hand over to our contractual partner the reproduction templates, transfer films, reproduction data, and data carriers created by us as advance performance or intermediate products. We shall store the reproduction templates, transfer films, reproduction data, and data carriers etc. created by us for a maximum of five years. However, due to expected technical progress, we cannot guarantee that these templates or data can be used or adapted for future deliveries or services.

12. The contractual partner may only transfer rights and obligations arising from a contract concluded with SAUERESSIG to third parties with our consent. This does not apply to monetary claims against SAUERESSIG.

13. Our liability for damages, insofar as fault is relevant, is limited in accordance with the following provisions:

SAUERESSIG shall not be liable in the event of simple negligence on the part of organs, legal representatives, employees, or other vicarious agents, unless this constitutes a breach of essential contractual obligations.

Essential obligations are obligations which SAUERESSIG must grant to the contractual partner in accordance with the content and purpose of the contract or whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. A claim for damages due to a slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, but in the case of property damage and further financial losses resulting therefrom, to a maximum of the sum insured under our liability insurance, which we maintain at least to the extent customary in the industry.

The above limitation of liability applies to the same extent in favor of SAUERESSIG’s organs, legal representatives, employees, and other vicarious agents, insofar as they are personally liable.

Insofar as we provide technical information or advice and this information or advice does not form part of the scope of services owed by SAUERESSIG under the contract, this shall be provided free of charge and to the exclusion of any liability.

Our liability for gross negligence or intentional conduct, for promised characteristics or guarantees, for injury to life, limb or health, or insofar as we are liable under mandatory statutory provisions even without fault, remains unaffected.

14. The law of the Federal Republic of Germany shall apply, with the exception of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts at the registered office of SAUERESSIG shall have exclusive jurisdiction over all disputes arising from contracts with us. However, we shall also be entitled to bring proceedings before the courts at the registered office of the contractual partner.

II. Terms of delivery

The following terms of delivery apply to all deliveries of goods, in particular to the delivery of machines and systems as well as printing cylinders, printing forms, flexographic printing forms (flexographic printing plates, flexographic printing sleeves), embossing cylinders (embossing rollers, embossing dies) and general reproduction tools, technical rollers and steel cores, as well as for all other services provided by SAUERESSIG, insofar as this (also) involves the delivery of a movable item.

1. The templates provided by the contractual partner must be prepared in such a way that they can be reproduced. Additional costs incurred as a result of changes requested by the contractual partner after work has commenced or as a result of additional services due to templates that are not reproducible shall be borne by our contractual partner.

2. We shall charge the costs for any necessary adjustments to the delivery to meet the contractual partner’s production requirements that only become apparent when the delivered goods are put into operation, based on the actual expenditure incurred. In all other respects, the installation conditions set out in Section III shall apply to such work.

3. Deliveries shall be made ex works. A delivery period specified by us shall commence on the date of our order confirmation, but not before receipt of the templates to be provided by the contractual partner and not before approval of the test templates by the contractual partner.

4. The risk shall pass to the contractual partner at the latest upon handover of the delivery to the forwarding agent, carrier, or other third party commissioned to carry out the shipment. The start of the loading process shall be decisive. This shall also apply if partial deliveries are made or if SAUERESSIG has undertaken other services (e.g., assembly). If dispatch or handover is delayed due to circumstances for which the contractual partner is responsible, the risk shall pass to the contractual partner if the delivery is ready for dispatch and we have notified the contractual partner of this. In this case, the contractual partner shall bear the costs of storage and maintenance of the delivery. We shall only insure a shipment of goods at the express request of the contractual partner and at its expense.

5. SAUERESSIG is entitled to make partial deliveries if a partial delivery is usable for the contractual partner within the scope of the contractual purpose, the remaining delivery is ensured and the contractual partner does not incur any significant additional expenses or costs as a result, or if we agree to bear these costs.

6. Deliveries must be inspected immediately after delivery to the contractual partner or to the third party designated by the contractual partner. Deliveries shall be deemed to have been approved by the contractual partner with regard to obvious defects or other defects that would have been apparent during an immediate and careful inspection if SAUERESSIG does not receive a notice of defects within one week of delivery. With regard to other defects, the delivery shall be deemed to have been approved by the contractual partner if we do not receive notification of the defect within the same period after the defect becomes apparent. If the defect was already apparent to the contractual partner during normal use at an earlier point in time, this earlier point in time shall be decisive for the start of the notification period. At our request, the rejected delivery shall be returned to SAUERESSIG carriage paid. If the notification of defects is justified, we shall reimburse the costs of the cheapest shipping method. This shall not apply if additional costs arise because the delivery is located at a place other than the place of intended use.

7. In the event of material defects or defects of title, the statutory provisions shall apply with the proviso that we shall determine the type of subsequent performance (rectification of the defect or delivery of a defect-free item). Subsequent performance does not include the removal of the defective item or its reinstallation if we were not originally obliged to install it. Claims for defects shall lapse if the contractual partner modifies the delivery item without our consent or has it modified by third parties and this makes subsequent performance impossible or unreasonably difficult; the contractual partner shall bear the additional costs of subsequent performance resulting from the modification.

Claims for material defects and defects of title shall become statute-barred one year after delivery. If acceptance has been agreed, the limitation period shall commence upon acceptance. The contractual partner may claim damages for material defects and defects of title in accordance with the provisions of Section I. 13.

8. In the event of material defects or defects of title in components supplied by third parties which SAUERESSIG cannot remedy for factual or legal reasons, we shall, at our discretion, assert our rights in respect of defects against the third party on behalf of the contractual partner or assign them to the contractual partner. Claims against us for such defects shall only exist if the judicial enforcement of such claims against the third party is unsuccessful or futile. During the duration of the legal dispute, the limitation period for the contractual partner’s claims for defects against us shall be suspended.

9. Any delivery of used items agreed with the contracting party in individual cases shall be made to the exclusion of any claims for material defects and defects of title. Clause I. 13., last paragraph, remains unaffected.

10. The retention of title agreed below serves to secure all current and future claims of SAUERESSIG against the contractual partner (including balance claims from a current account relationship limited to this delivery relationship).

The item delivered by SAUERESSIG to the contractual partner shall remain the property of SAUERESSIG until all secured claims have been paid in full. The item and any item replacing it in accordance with the following provisions and covered by the retention of title shall hereinafter be referred to as reserved goods.

The contractual partner shall store the goods subject to retention of title free of charge for SAUERESSIG. The contractual partner is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the occurrence of the event of default (see below). However, pledging and transfer by way of security are not permitted.

If the reserved goods are processed by the contractual partner, the processing shall be carried out in the name and on behalf of SAUERESSIG as the manufacturer. SAUERESSIG shall immediately acquire ownership or – if the processing is carried out using materials from several owners or the value of the processed item exceeds the value of the reserved goods – the co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that SAUERESSIG does not acquire such ownership, the contractual partner hereby transfers its future ownership or – in the aforementioned ratio – co-ownership of the newly created item to SAUERESSIG as security. If the reserved goods are combined with other items to form a single item or are inseparably mixed and one of the other items is to be regarded as the main item, we shall transfer to the contractual partner, in proportion to the value of the reserved goods, co-ownership of the single item in the aforementioned ratio.

In the event of resale of the goods subject to retention of title, the contractual partner hereby assigns to SAUERESSIG by way of security any claims against the purchaser arising from such resale – in the event of co-ownership of the goods subject to retention of title by SAUERESSIG, in proportion to its co-ownership share. The same shall apply to other claims that replace the reserved goods or otherwise arise in connection with the reserved goods, such as insurance claims or claims arising from tort in the event of loss or destruction. SAUERESSIG revocably authorizes the contractual partner to collect the claims assigned to us in its own name. SAUERESSIG may only revoke this collection authorization in the event of liquidation.

If third parties seize the goods subject to retention of title, in particular through attachment, the contractual partner shall immediately inform them of our ownership and notify SAUERESSIG thereof in order to enable us to enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the contractual partner shall be liable to us for these costs.

We shall release the goods subject to retention of title and the items or claims replacing them if their value exceeds the amount of the secured claims by more than 50%. The selection of the items to be released shall be at our discretion.

If SAUERESSIG withdraws from the contract due to breach of contract by the contractual partner – in particular default in payment – (event of enforcement), we shall be entitled to demand the return of the goods subject to retention of title.

III. Assembly conditions

The following assembly conditions apply to the assembly of machines and systems delivered by us or by third parties in return for payment.

1. The contractual partner shall take the necessary precautions to protect persons and property at the place of assembly. It shall inform SAUERESSIG of the safety regulations to be observed at the place of assembly.

2. The contractual partner shall support SAUERESSIG during installation at its own expense, in particular as follows:

• The contractual partner shall provide the necessary auxiliary personnel (bricklayers, carpenters, locksmiths, electricians, other skilled workers, laborers, etc.). The auxiliary personnel shall follow the instructions of the installation manager. We accept no liability for the auxiliary personnel unless a defect or damage has been caused by the auxiliary personnel as a result of instructions given by the assembly manager; Section I.13 applies.

• The contractual partner shall carry out all clearance, earthworks, construction, bedding and scaffolding work necessary for assembly and shall procure the necessary building materials. The contractual partner shall secure the assembly site.

• The contractual partner shall provide the necessary equipment and heavy tools (e.g., lifting tools, compressors) as well as any necessary items and materials (e.g., scaffolding, wedges, supports, cement, plaster and sealing materials, lubricants, fuels, cross-wiring cables).

• The contractual partner shall ensure heating, lighting, power, and water supply at the installation site, including the necessary connections.

• The contractual partner shall provide lockable rooms for the storage of our fitters’ tools.

• The contractual partner shall provide all materials and information and take all other actions necessary for the adjustment of the machine or system and for carrying out a contractually agreed test.

If the contractual partner fails to fulfill its obligations, we shall be entitled, after giving notice and setting a reasonable deadline, to carry out the actions incumbent on the contractual partner in its place and at its expense.

3. If testing of the machine or system has been agreed, the installation period shall be deemed to have been met if the machine or system is ready for testing within the installation period.

4. The contractual partner is obliged to accept the installation as soon as it has been notified of completion and any testing specified in the contract has been successful. Acceptance cannot be refused on the grounds of minor defects.

5. If the contractual partner is in default with acceptance of the assembly work, acceptance shall be deemed to have taken place twelve working days after notification of completion of assembly (see section 4 above). If the contractual partner has put the assembled machine or system into operation without acceptance, acceptance shall be deemed to have taken place six working days after the start of operation. In such cases, the contracting party must assert any reservations due to recognizable defects at the latest by the aforementioned dates.

6. In all other respects, sections II.7. and 8. shall apply mutatis mutandis to defects in the assembly services.

IV. Repair conditions

The following conditions apply to all repair services performed by SAUERESSIG or by third parties commissioned by us. The conditions do not apply if repairs are carried out within the scope of warranty claims by the contracting party.

1. A cost estimate requested by the contractual partner shall only be binding if it is submitted by us in writing and designated as binding. The contractual partner shall be charged for the services required to submit the cost estimate, unless the repair is not carried out or cannot be used in the course of the repair.

2. If, during the repair, it becomes apparent that the expected costs of the repair exceed the non-binding estimate and are not economically reasonable in relation to the current value of the item to be repaired, we shall inform the contractual partner of this immediately. The same applies to defects that we only discover during the repair and that were not previously covered by the scope of the repair order.

3. If we have to stop a repair for reasons that aren’t our fault, the item will only be returned to its original condition if the other party asks us to and pays for the costs.

4. When calculating the repair costs, the prices for parts, materials, and special services used, as well as the prices for labor, travel, and transport costs, shall be listed separately. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only deviations in the scope of services shall be listed separately.

5. The repair shall be carried out at our factory. During the repair at our factory, there is no insurance cover provided by our company insurance policies. The contractual partner must therefore independently ensure that its existing insurance cover for the item, e.g. with regard to fire, water damage, storm damage, and machine breakdown insurance, remains in force. If we return the item at the request of our contractual partner, this shall be at their expense. Section II.4 shall apply accordingly. If the repair is carried out at the contractual partner’s premises, the contractual partner shall support our employees in carrying out the repair at their own expense in accordance with Section III.2.

6. Sections III.3 to 6 shall apply accordingly with regard to deadlines, acceptance and defects in the repair services.

7. We reserve title to all spare parts used in accordance with Section II.10. In addition, we are entitled to a contractor’s lien in accordance with § 647 BGB (German Civil Code). If we are not in good faith with regard to the contractual partner’s ownership of the repair item, we shall have a lien on the contractual partner’s rights to the repair item. The lien may also be asserted for claims arising from work performed previously, spare parts deliveries, and other services, insofar as they are related to the repair item. For other claims arising from the business relationship, the lien shall only apply insofar as these are undisputed or legally binding.