§ 1 Scope

(1) The services provided by Oberbuchner GmbH for the delivery of goods and services in the field of powder coating, paint stripping and rust removal are carried out exclusively on the basis of the following General Terms and Conditions in the version valid at the time the contract is concluded.

2) Our general terms and conditions apply exclusively. Any customer terms and conditions that deviate from our general terms and conditions are not valid unless we expressly agree to them.

(3) These terms and conditions apply to contracts concluded with Oberbuchner GmbH. All contractual agreements, ancillary agreements, changes and deviations must be made in writing. Incorrect or missing information when placing an order is the responsibility of the client.

§ 2 Conclusion of contract

(1) A contract is concluded by confirmation of the offer by the customer. There is no specific form for the conclusion of the contract.

(2)All contractual agreements must be made in writing; this particularly applies to oral agreements and technical advice from our employees as well as to orders placed by telephone.

(3) When placing an order, the customer must provide all data relevant to processing in writing. This includes: article name, number of pieces, exact color name, structure and gloss level specifications, area of application, delivery dates and any special specifications. If order documents are missing or incomplete, the customer bears all risk for incorrect processing. Processing instructions given verbally, including by telephone, only replace written ones if they are confirmed in writing by the supplier/processor.

§ 3 Payment, default

(1) The prices valid at the time of conclusion of the contract and on which the offer is based apply. All prices are subject to statutory VAT and, if applicable, the respective shipping costs.

(2) The offer and delivery prices are ex works, excluding packaging, with the materials to be processed and workpieces delivered free of charge by the customer. Up to 5% of the invoice amount will be charged for packaging.

(3) Orders for which no fixed prices have been expressly agreed will be invoiced at the list prices or wage rates valid on the day of delivery. If there is a significant change in one or more price factors (wages, material procurement, public charges, energy costs) after the order has been placed, the price must be adjusted in accordance with these factors. This applies in particular if fixed prices have been agreed.

(4) New customers can pay the purchase price in cash upon collection. Existing customers can pay by invoice. Our payment terms are: 14 days without deduction or by separate agreement.
Changes will not be accepted.

(5) If the customer defaults on payment, we are entitled to demand default interest of 5 percentage points above the base interest rate of the European Central Bank. In the event that we claim higher damages due to default, the customer has the opportunity to prove that the damages claimed did not occur at all or at least occurred at a significantly lower amount. Furthermore, in the event of default, the flat-rate compensation claim according to Section 288 Paragraph 5 is owed for each order.

§ 4 Offsetting/Retention of title

(1) The customer shall only be entitled to a right of set-off if the counterclaims have been legally established by a court or are undisputed or have been acknowledged by us in writing.

(2) We reserve title to the delivered goods until the purchase price has been paid in full.

(3) We have a lien on the materials handed over to us for processing until all of our claims arising from the contractual relationship with the customer have been settled in full. We are entitled to retain the materials we have processed until this point in time without this putting us in default, even if this means that agreed delivery dates cannot be met.

§ 5 Delivery, shipping, packaging and risk

(1) Our deliveries are carriage forward and excluding packaging at the customer’s expense and risk.

(2) In the case of delivery according to national or international standards or conditions, these must be agreed upon in each case.

(3) The scope of delivery is based on the order placed, but the quantity delivered is decisive. Changes can only be taken into account if announced in good time.

(4) No liability is accepted for work-related rejects and shortages of small parts up to an amount of 5%.

(5) Claims for damages arising from damage or loss to products handed over to us for processing are excluded unless the damage was caused by intentional or negligent action on our part.

(6) In the event of force majeure and other unforeseeable, extraordinary and unavoidable circumstances, e.g. difficulties in obtaining materials, operational disruptions, strikes, lockouts, lack of means of transport, official interventions, energy supply difficulties, etc., even if these occur with sub-suppliers, the delivery period will be extended within a reasonable period if we are prevented from fulfilling our obligation on time. If the delivery or service becomes impossible or unreasonable due to the circumstances mentioned, we will be released from the delivery obligation. If the delivery delay lasts longer than two months, the customer is entitled to withdraw from the contract. If the delivery time is extended or we are released from the delivery obligation, the customer cannot derive any claims for damages from this. We can invoke the circumstances mentioned if we notify the customer immediately.

§ 6 Delay in acceptance

(1) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage caused to us, including any additional expenses. Further claims remain reserved.

(2) Completed work cannot be stored for longer than 10 working days. After this period has expired, we reserve the right to demand compensation for non-fulfillment and to store the material elsewhere at the customer's expense. The storage costs amount to €13.50 net per day (including Sundays and public holidays).

(3) The purchase price shall be subject to interest during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate. In legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the base interest rate.

(4) The customer reserves the right to prove that no damage of the amount claimed has occurred or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the work pieces passes to the customer at the time at which the customer defaults on acceptance or payment.

§ 7 Warranty

(1) The warranty period shall be two years, unless a mandatory statutory provision specifies a longer limitation period. In the case of legal transactions in which a consumer is not involved or in the case of the sale of used goods, the warranty period shall be one year.

(2) If the item is defective, the customer has the right to demand the removal of the defect or the delivery of a defect-free item as subsequent performance, at his or her discretion. Oberbuchner GmbH can refuse the type of subsequent performance chosen by the customer, without prejudice to Section 275 Paragraphs 2 and 3 of the German Civil Code (BGB), if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be used without significant disadvantages for the buyer must be taken into account. In this case, the customer's claim is limited to the other type of subsequent performance; Oberbuchner GmbH's right to refuse this under the conditions of sentence 1 remains unaffected.

(3) In the case of obvious defects, complaints must be made immediately, specifying the defects, but no later than one week after delivery of the goods and in any case before assembly begins. We must also be given the opportunity to carry out an inspection. If the customer or third parties make changes to the items complained about that are contrary to their intended use, or if the items complained about are processed using defective tools or by unqualified personnel, we shall not be liable. Defects that are demonstrably the result of improper workmanship on our part will be remedied by us free of charge by reworking the goods, subject to a reasonable period of time. If defective material is supplied by the customer and this requires us to provide services beyond the contractual scope of services, the customer must reimburse the additional costs incurred above and beyond the agreed price, after we have informed them of the expected amount of these additional costs. We will not bear the costs of the outward and return freight if the transport was carried out by the customer himself or a transport company appointed by him. We will determine the type of packaging and the cheapest transport for the costs borne by us. All further claims, including claims for lost profits, compensation, replacement of unusable material, as well as claims for compensation for assembly or disassembly and penalties for delay are excluded. Claims for compensation for any rejects that arise during processing due to changes in shape, cracks or the like, as well as for any impairment of the dimensions and fit of moving parts are excluded, provided that the damage was not caused by intentional or grossly negligent actions.

(4) If the purchase is a commercial transaction for both parties, the customer must inspect the goods immediately after delivery, insofar as this is feasible in the normal course of business. If a defect is discovered, the customer must notify Oberbuchner GmbH immediately. If the customer fails to notify, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. If such a defect is discovered later, the notification must be made immediately after it is discovered; otherwise the goods are deemed to have been approved with regard to this defect. These provisions do not apply if the defect was fraudulently concealed. To preserve the customer's rights, it is sufficient to send the notification in good time.

(4) If Oberbuchner GmbH delivers a defect-free item for the purpose of subsequent performance, the customer can demand return of the defective item in accordance with Sections 346 to 348 of the German Civil Code (BGB).

(5) Damage caused by improper or non-contractual actions by the customer during installation, connection, operation or storage does not constitute grounds for a claim against Oberbuchner GmbH. The improperness and non-contractual nature is determined in particular by the information provided by the manufacturer of the goods delivered.

(6) Colour specifications, e.g. according to RAL, or gradient and gloss level specifications are always approximate specifications, even if they are confirmed by the supplier. Deviations in colour, gloss and gradient
Deliveries within the usual tolerances do not entitle to a complaint of defects; this also applies to deliveries based on samples.

(7) Irrespective of the foregoing, complaints regarding defects will not be accepted in the following cases:
• In the case of transport and assembly damage as well as repair work carried out by the customer, unless the parties have agreed that the customer is entitled to carry out the repair work.
• In the case of damage caused by contact with sealing profiles and sealing compounds and in the case of damage caused by contamination of the raw parts with products containing silicone or similar; as well as if it is caused by excessive greasing or oiling or similar.
• If the paint film is subjected to excessive heat. The paint film may only be heated by sunlight. Other forms of heating will void any warranty if temperatures exceed 70° Celsius.
• In the case of improper construction or construction that is not suitable for painting, or if the finished item is located within the direct influence of salt water, the chemical industry or other aggressive emission sources that emit substances that are damaging to the paint.
• If the goods are used in a manner contrary to the intended use agreed with the supplier or if they are processed improperly by cutting, bending or other forming processes, if they are processed using defective tools or by unqualified personnel. Unless expressly agreed otherwise in writing, the intended use is decorative indoor use.
• If the customer delivers defective goods, e.g. rusty or rusty goods. If the customer delivers defective goods and, as a result, services beyond the contractual scope of services of the supplier are desired or necessary, the customer must reimburse the additional costs incurred over and above the agreed price.
• When coating pre-painted parts, cast parts and galvanized workpieces, regardless of their origin, the finishing is always carried out at the buyer's risk.

(8) The risk is transferred to the customer at the latest at the time of collection, delivery or dispatch of the delivery parts or from the time we notify them that the goods are ready for dispatch if dispatch is delayed for reasons for which the customer is responsible. At the customer's request, the shipment will be insured against all insurable risks at the customer's expense. The customer shall bear the costs incurred by storage from the time that the goods are ready for dispatch, at least 0.5% of the invoice amount for each month if the goods are stored in our factory. Deliveries must be accepted, even if there are minor defects. Partial deliveries are permitted and may not be rejected unless the customer proves that the partial quantity delivered cannot be used without the remaining quantities. When ordering, the customer must specify the exact shipping route - with shipping at his own expense. If no information is provided, we are free to choose. The goods will be handed over to a freight carrier commissioned by us on behalf of the customer in protective packaging to be determined by us, whereby the customer must assert any possible transport damage directly against the freight carrier.

§ 8 Limitation of Liability

(1) In the event of a slightly negligent breach of duty, the liability of Oberbuchner GmbH and its vicarious agents is limited to the foreseeable, contract-typical, immediate average damage based on the type of goods. In the event of slightly negligent breaches of non-essential contractual obligations, the breach of which does not endanger the implementation of the contract, Oberbuchner GmbH and its vicarious agents are not liable.
(2) No liability is accepted for work-related rejects and shortages of small parts of up to 3%.
(3) The above limitations of liability do not apply to claims arising from product liability or guarantees, as well as to claims based on physical injury or damage to health or loss of life.

§ 9 Transport damage

If the purchase is a commercial transaction for both parties, the customer must immediately complain to the freight forwarder/freight service about goods with obvious damage to the packaging or contents. Acceptance of the goods must be refused. In these cases, the customer will immediately contact Oberbuchner GmbH by email, fax or post.

§ 10 Data protection

We treat personal customer data confidentially and in accordance with the statutory data protection regulations. Customer data will not be passed on without express consent or will only be passed on within the scope of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods.

§ 11 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer being deprived of mandatory consumer protection standards.

(2) In the event of any disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the action must be brought before the court having jurisdiction over our headquarters. We are also entitled to bring an action at the customer's headquarters. This also applies if the customer does not reside within the European Union.

(3)As far as legally possible, the application of German law is agreed. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

§ 12 Final provision

If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

Status 12/2017