General Terms and Conditions (GTC)

Our GTC are based on the standard **VDMA Conditions** (German Engineering Federation) for the German engineering industry, comprising separate conditions for domestic supply, export supply, and repair services.

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1. VDMA Conditions for the Supply of Machinery for Domestic Transactions

I. General Provisions

• 1. All goods and services are subject to these conditions and any separate contractual agreements. Different conditions of purchase shall not become provisions of the contract even if the order is accepted. In the absence of a special agreement, a contract is concluded with the supplier's written confirmation of the order.
• 2. The supplier reserves the right of ownership and copyright to samples, cost estimates, drawings or similar information, tangible and intangible, also in electronic form; these must not be made accessible to third parties. The supplier shall only make accessible to third parties any information designated as confidential by the buyer if the latter consents to this.

II. Price and Payment

• 1. In the absence of special agreement, the prices shall apply ex works including loading at the works, but exclusive of packaging and unloading. The prices are subject to VAT at the statutory rate.
• 2. In the absence of special agreement, payment is to be made without any deduction to the account of the supplier, namely: 1/3 deposit upon receipt of confirmation of the order, 1/3 as soon as the buyer has been informed that the main components are ready for dispatch, while the residual amount is due within one month of the passing of risk.
• 3. The buyer shall have the right to withhold payments only insofar as his counter-claims are undisputed or established as legally valid.
• 4. The buyer shall only have the right to offset counter-claims from other legal relationships insofar as they are undisputed or established as legally valid.

III. Time for Delivery, Delay in Delivery

• 1. The time for delivery results from the agreements of the contracting parties. Its observance by the supplier presupposes that all commercial and technical questions between the contracting parties have been clarified and that the buyer has fulfilled all of his obligations, such as providing the necessary official certificates or permits or making a down payment. If this is not the case, the time for delivery shall be extended appropriately. This shall not apply insofar as the supplier is responsible for the delay.
• 2. Observance of the time for delivery is subject to the correct and timely self-supply of the supplier. The supplier shall communicate any impending delays as soon as possible.
• 3. The time for delivery shall be deemed to have been observed if the delivery item has left the supplier's works before its expiry or if readiness for dispatch has been notified. Insofar as an acceptance procedure has to take place, the acceptance date is decisive, or, alternatively, the notification of readiness for acceptance, except in the case of a justified refusal of acceptance.
• 4. If the dispatch or acceptance of the delivery item is delayed for reasons for which the buyer is responsible, the buyer shall be charged the costs incurred by the delay, starting one month after notification of readiness for dispatch or acceptance.
• 5. If the non-observance of the time for delivery is due to force majeure, industrial disputes or other events beyond the supplier's control, the time for delivery shall be extended appropriately. The supplier shall notify the buyer of the beginning and end of such circumstances as soon as possible.
• 6. The buyer may withdraw from the contract without setting a deadline if the entire performance becomes finally impossible for the supplier before the passing of risk. Furthermore, the buyer may withdraw from the contract if, in the case of an order, the execution of a part of the delivery becomes impossible and he has a legitimate interest in refusing the partial delivery. If this is not the case, the buyer shall pay the contract price attributable to the partial delivery. The same applies in the event of the supplier's inability to perform. In all other respects, Section VII.2 shall apply. If the impossibility or inability occurs during the delay in acceptance or if the buyer is solely or predominantly responsible for these circumstances, he shall remain obliged to render the consideration.
• 7. If the supplier is in default and the buyer suffers damage as a result, the buyer shall be entitled to demand flat-rate compensation for default. It shall amount to 0.5% for each full week of delay, up to a maximum of 5% of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay.
• If the buyer sets the supplier - taking into account the statutory exceptions - a reasonable period of time for performance after the due date and the period is not met, the buyer is entitled to withdraw from the contract within the framework of the statutory provisions. He is obliged, at the supplier's request, to declare within a reasonable period whether he will exercise his right of withdrawal. Further claims arising from delay in delivery shall be determined exclusively in accordance with Section VII.2 of these conditions.

IV. Passing of Risk, Acceptance

• 1. The risk shall pass to the buyer when the delivery item has left the factory, even if partial deliveries are made or the supplier has taken over other services, e.g. the shipping costs or delivery and installation. Insofar as an acceptance procedure has to take place, this shall be decisive for the passing of risk. It must be carried out immediately on the date of acceptance, or alternatively, after the supplier's notification of readiness for acceptance. The buyer may not refuse acceptance if there is an insignificant defect.
• 2. If dispatch or acceptance is delayed or does not take place as a result of circumstances for which the supplier is not responsible, the risk shall pass to the buyer from the day of notification of readiness for dispatch or acceptance. The supplier undertakes to take out the insurance requested by the buyer at the buyer's expense.
• 3. Partial deliveries are permissible, provided this is reasonable for the buyer.

V. Retention of Title

• 1. The supplier retains title to the delivery item until receipt of all payments - including any ancillary services additionally owed - from the supply contract.
• 2. The supplier is entitled to insure the delivery item against theft, breakage, fire, water and other damage at the buyer's expense, unless the buyer has demonstrably taken out the insurance himself.
• 3. The buyer may neither sell, pledge nor assign the delivery item as security. In the event of seizure, confiscation or other dispositions by third parties, he must notify the supplier immediately.
• 4. In the event of conduct by the buyer that is contrary to the contract, in particular in the event of default in payment, the supplier is entitled to take back the delivery item after a reminder and the buyer is obliged to surrender it.
• 5. On the basis of the retention of title, the supplier can only demand the return of the delivery item if he has withdrawn from the contract.

VI. Claims for Defects

• The supplier shall be liable for defects in quality and title of the delivery to the exclusion of further claims - subject to Section VII - as follows:
• 
  Defects in Quality (Sachmängel)
• 1. All those parts shall be repaired or replaced with defect-free parts, at the supplier's discretion, which prove to be defective as a result of a circumstance existing prior to the passing of risk. Notification of such defects must be given to the supplier in writing without delay. Replaced parts shall become the property of the supplier.
• 2. In order to carry out all repairs and replacement deliveries deemed necessary by the supplier, the buyer must, after agreement with the supplier, give the supplier the necessary time and opportunity; otherwise the supplier shall be released from liability for the consequences arising therefrom.
Only in urgent cases of danger to operational safety or to prevent disproportionately large damage, in which case the supplier must be informed immediately, shall the buyer have the right to have the defect remedied by himself or by third parties and to demand reimbursement of the necessary expenses from the supplier.
• 3. The supplier shall bear the expenses necessary for the purpose of subsequent performance - insofar as the complaint proves to be justified - insofar as this does not result in a disproportionate burden on the supplier. Insofar as the expenses increase because the buyer has moved the purchased item to a place other than the place of performance after delivery, the buyer shall bear the resulting additional costs. In the case of the sale of a newly manufactured item, the supplier shall also reimburse the expenses incurred by the buyer within the scope of recourse claims in the supply chain to the extent of its statutory obligation.
• 4. The buyer has a right to withdraw from the contract within the framework of the statutory provisions if the supplier - taking into account the statutory exceptions - allows a reasonable deadline set for repair or replacement delivery due to a defect in quality to pass fruitlessly. If there is only an insignificant defect, the buyer shall only have a right to reduce the contract price. The right to otherwise reduce the contract price remains excluded.
• 5. Further claims shall be determined exclusively in accordance with Section VII. 2 of these conditions.
• 6. No liability shall be assumed in particular in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective building work, unsuitable building ground, chemical, electrochemical or electrical influences - insofar as they are not the responsibility of the supplier.
• 7. If the buyer or a third party improperly remedies the defect, the supplier shall not be liable for the resulting consequences. The same applies to changes made to the delivery item without the prior consent of the supplier.
• 
  Defects in Title (Rechtsmängel)
• 8. If the use of the delivery item leads to the infringement of industrial property rights or copyrights in Germany, the supplier shall, at its own expense, generally procure the right for the buyer to continue using the delivery item or modify the delivery item in a manner reasonable for the buyer so that the infringement of the property right no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period, the buyer is entitled to withdraw from the contract. Under the aforementioned conditions, the supplier is also entitled to withdraw from the contract. In addition, the supplier shall indemnify the buyer against undisputed or legally established claims of the relevant owners of the property rights.
• 9. The obligations of the supplier mentioned in Section VI. 8 are final in the event of an infringement of property rights or copyrights, subject to Section VII.2.
• They shall only exist if
  • the buyer informs the supplier immediately of asserted infringements of property rights or copyrights,
  • the buyer supports the supplier to a reasonable extent in the defense against the asserted claims or enables the supplier to carry out the modification measures in accordance with Section VI. 8,
  • all defense measures, including out-of-court settlements, remain reserved to the supplier,
  • the defect in title is not based on an instruction from the buyer, and
  • the infringement was not caused by the buyer having modified the delivery item without authorization or used it in a manner not in conformity with the contract.

VII. Liability of the Supplier, Exclusion of Liability

• 1. If the delivery item cannot be used by the buyer in accordance with the contract as a result of culpable failure or incorrect suggestions or advice given by the supplier before or after the conclusion of the contract, or as a result of the culpable breach of other contractual ancillary obligations - in particular instructions for the operation and maintenance of the delivery item - the provisions of Sections VI and VII.2 shall apply to the exclusion of further claims by the buyer.
• 2. For damage that has not occurred to the delivery item itself, the supplier shall only be liable - irrespective of the legal grounds -
  1. in case of intent and gross negligence,
  2. in case of culpable injury to life, body or health,
  3. in case of defects which he fraudulently concealed,
  4. within the scope of a guarantee promise,
  5. in the case of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.

  In the event of culpable breach of essential contractual obligations, the supplier shall also be liable for simple negligence, but limited to the contract-typical, reasonably foreseeable damage. Further claims are excluded.

VIII. Limitation of Actions (Statute of Limitations)

• All claims of the buyer - irrespective of the legal grounds - shall become time-barred after 12 months; this shall also apply to the limitation of recourse claims in the supply chain pursuant to Section $445b$ (1) German Civil Code (BGB), provided that the last contract in this supply chain is not a consumer goods purchase. The suspension of the expiry pursuant to Section $445b$ (2) BGB remains unaffected. The statutory periods shall apply to claims for damages pursuant to Section VII. 2 a-c and e. They shall also apply to defects of a building structure or to delivery items which have been used for a building structure in accordance with their usual use and have caused its defectiveness.

IX. Use of Software

• Insofar as software is included in the scope of delivery, the buyer is granted a non-exclusive right to use the delivered software including its documentation. It is provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited. The buyer may only reproduce, revise, translate the software or convert the object code into the source code to the extent legally permissible (Sections $69a$ et seq. German Copyright Act - UrhG). The buyer undertakes not to remove manufacturer's information - in particular copyright notices - or to change it without the prior express consent of the supplier. All other rights to the software and the documentation, including copies, remain with the supplier or the software supplier. The granting of sublicenses is not permitted.

X. Applicable Law, Place of Jurisdiction

• 1. All legal relations between the supplier and the buyer shall be governed exclusively by the law of the Federal Republic of Germany applicable to legal relations between domestic parties.
• 2. The place of jurisdiction is the court competent for the supplier's registered office. However, the supplier is entitled to bring an action at the buyer's main place of business.

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2. VDMA Conditions for the Supply of Machinery for Export Transactions

I. General

• 1. These conditions shall apply to all deliveries and services unless expressly agreed otherwise in writing. Deviating conditions of the Purchaser shall not be binding even if the order is accepted. The contract shall be concluded upon the Supplier's written confirmation of order.
• 2. The Supplier reserves all property rights and copyrights to all documents, such as illustrations, drawings, samples, and cost estimates; these documents may not be made accessible to third parties without the Supplier’s prior consent. The Supplier shall only make documents designated as confidential by the Purchaser accessible to third parties with the Purchaser's consent.

II. Price and Payment

• 1. Unless otherwise agreed, prices are deemed to be **FCA** (Free Carrier, Incoterms 2020) the Supplier’s works. VAT is not included in the price.
• 2. Payments shall be made without any deduction to the account of the Supplier. Unless otherwise agreed: 1/3 deposit upon receipt of the confirmation of the order, 1/3 as soon as the Purchaser has been informed that the main components are ready for dispatch, while the residual amount is due within one month of the passing of risk.
• 3. The Purchaser shall have the right to withhold payments or to offset any counter-claims only insofar as his counter-claims are undisputed or established as legally valid.

III. Delivery Time, Delay in Delivery

• 1. The delivery time is determined by the agreements of the contracting parties. Observance of the time for delivery requires that all commercial and technical questions between the contracting parties have been clarified and that the Purchaser has fulfilled all his obligations, such as the provision of official certificates or permits, or the making of a down payment.
• 2. Delivery time is deemed to be observed if the delivery item has left the Supplier's works by the expiry of the agreed time, or if readiness for dispatch has been notified.
• 3. If the non-observance of the time for delivery is due to force majeure, industrial disputes or other events beyond the Supplier's control, the time for delivery shall be extended appropriately.
• 4. If the Supplier is in default and the Purchaser suffers damage as a result, the Purchaser is entitled to demand flat-rate compensation for default. It shall amount to $0.5\% $ for each full week of delay, up to a maximum of $5\% $ of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay.

IV. Passing of Risk, Acceptance

• 1. The risk shall pass to the Purchaser in accordance with the agreed Incoterm (e.g., FCA Supplier’s works). Even if partial deliveries are made, the passing of risk shall be determined by the agreed Incoterm.
• 2. If an acceptance procedure has to take place, this shall be decisive for the passing of risk. The Purchaser may not refuse acceptance if there is an insignificant defect.

V. Retention of Title

• 1. The Supplier retains title to the delivery item until all payments due from the delivery contract, including any ancillary services, have been received.
• 2. The Purchaser may neither sell, pledge nor assign the delivery item as security. The Purchaser must notify the Supplier immediately in the event of seizure, confiscation or other dispositions by third parties.
• 3. In the event of breach of contract by the Purchaser, in particular default in payment, the Supplier is entitled to take back the delivery item and the Purchaser is obliged to surrender it.

VI. Claims for Defects

• The Supplier shall be liable for defects in quality and title to the exclusion of further claims - subject to Section VII - as follows:
• 
  Defects in Quality
• 1. The Supplier shall repair or replace, at its discretion, any parts that prove to be defective as a result of a circumstance existing prior to the passing of risk. Notification of such defects must be given to the Supplier in writing without delay.
• 2. The Supplier shall bear the expenses necessary for the purpose of subsequent performance - insofar as the complaint proves to be justified - insofar as this does not result in a disproportionate burden on the Supplier.
• 3. No liability shall be assumed in particular in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, chemical or electrical influences - insofar as they are not the responsibility of the Supplier.
• 4. Further claims for defects shall be determined exclusively in accordance with Section VII.2 of these conditions.
• 
  Defects in Title
• 5. If the use of the delivery item leads to the infringement of industrial property rights or copyrights in the country of the contractual place of destination, the Supplier shall, at its own expense, generally procure the right for the Purchaser to continue using the delivery item or modify the delivery item so that the infringement no longer exists.

VII. Liability of the Supplier, Exclusion of Liability

• 1. The Supplier shall only be liable for damage that has not occurred to the delivery item itself - irrespective of the legal grounds -
  1. in case of intent and gross negligence,
  2. in case of culpable injury to life, body or health,
  3. in case of defects which he fraudulently concealed,
  4. within the scope of a guarantee promise,

  In the event of culpable breach of essential contractual obligations, the Supplier shall also be liable for simple negligence, but limited to the contract-typical, reasonably foreseeable damage. Further claims are excluded.

VIII. Limitation of Actions

• All claims of the Purchaser against the Supplier shall become time-barred after 12 months. This does not apply to claims for damages pursuant to Section VII. 1 a-c.

IX. Use of Software

• Insofar as software is included in the scope of delivery, the Purchaser is granted a non-exclusive right to use the delivered software including its documentation, for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited. All other rights to the software remain with the Supplier.

X. Applicable Law, Place of Jurisdiction

• 1. All legal relations between the Supplier and the Purchaser shall be governed exclusively by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
• 2. The place of jurisdiction is the court competent for the Supplier's registered office. The Supplier is, however, entitled to bring an action at the Purchaser's place of business.

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3. VDMA Conditions for the Repair of Machines and Plants for Domestic Transactions

I. Conclusion of Contract, Duty to Inform, Safety Instructions

• 1. If there is an undisputed written confirmation of order, this shall be decisive for the content of the contract and the scope of the repair.
• 2. If the repair item was not supplied by the contractor, the customer must point out existing industrial property rights with regard to the item; insofar as the contractor is not responsible for the fault, the customer shall indemnify the contractor against any claims of third parties arising from industrial property rights.
• 3. The customer must inform the contractor in writing in good time about contamination, possible health-hazardous residues in the items to be repaired, as well as transport risks and other repair-relevant measures to be taken.

II. Repair Impossible

• 1. The services rendered for the submission of a cost estimate as well as the further incurred and demonstrable expenditure (fault finding time equals working time) will be invoiced to the customer if the repair cannot be carried out for reasons for which the contractor is not responsible, in particular because
  • the complained defect did not occur during inspection,
  • spare parts cannot be procured,
  • the customer culpably missed the agreed deadline,
  • the contract was terminated during execution.
• 2. The repair item only needs to be restored to its original condition at the express request of the customer against reimbursement of the costs, unless the work carried out was not necessary.
• 3. In the case of non-feasible repair, the contractor is not liable for damages to the repair item, the violation of contractual ancillary obligations and for damages which have not occurred on the repair item itself, irrespective of the legal basis which the customer refers to.
• The liability provisions of Section XI.3 of these conditions apply accordingly. (Note: This is likely a reference error in the original German VDMA document, as the liability section is VII in the supply conditions, and there is no XI in these repair conditions. I am keeping the original text for legal consistency.)

III. Cost Information, Cost Estimate

• 1. If possible, the customer will be given the expected repair price when the contract is concluded, otherwise the customer can set cost limits. If the repair cannot be carried out at these costs or if the contractor considers the execution of additional work necessary during the repair, the customer's consent must be obtained if the specified costs are exceeded by more than $15\% $.
• 2. If a cost estimate with binding price estimates is requested before the repair is carried out, this must be expressly requested by the customer. Such a cost estimate is - unless otherwise agreed - only binding if it is submitted in writing. It is to be remunerated. The services rendered for the submission of the cost estimate will not be charged to the customer insofar as they can be utilized during the execution of the repair.

IV. Price and Payment

• 1. The contractor is entitled to demand a reasonable advance payment upon conclusion of the contract.
• 2. When calculating the repair, the prices for parts used, materials and special services as well as the prices for the work services, travel and transport costs must be shown separately in each case. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, whereby only deviations in the scope of services must be listed separately.
• 3. Value added tax will be charged additionally to the customer at the respective statutory rate.
• 4. Any correction of the invoice by the contractor and a complaint by the customer must be made in writing no later than four weeks after receipt of the invoice.
• 5. Payment is to be made without discount upon acceptance and handing over or sending of the invoice.
• 6. The withholding of payments due to any counterclaims of the customer disputed by the contractor is not permitted.
• 7. The offsetting due to any counterclaims of the customer from other legal relationships disputed by the contractor is not permitted.

V. Customer's Cooperation and Technical Assistance for Repairs outside the Contractor's Plant

• 1. The customer must support the repair personnel in carrying out the repair at his own expense.
• 2. The customer must take the special measures necessary to protect persons and property at the repair site. He must also inform the repair manager about existing special safety regulations, insofar as these are important for the repair personnel. He notifies the contractor of violations of such safety regulations by the repair personnel. In the event of serious violations, he can refuse the violator access to the repair site in consultation with the repair manager.
• 3. The customer is obliged to provide technical assistance at his own expense, in particular:
  1. Provision of the necessary suitable auxiliary staff in the number required for the repair and for the required time; the auxiliary staff must follow the instructions of the repair manager. The contractor assumes no liability for the auxiliary staff. If a defect or damage has arisen through the auxiliary staff due to instructions from the repair manager, the provisions of Sections X and XI of these conditions apply accordingly. (Note: Again, this is likely a reference error in the original German VDMA document, as the liability section is VII in the supply conditions, and there is no XI in these repair conditions. I am keeping the original text for legal consistency.)
  2. Carrying out all construction, bedding and scaffolding work including the procurement of the necessary building materials.
  3. Provision of the necessary devices and heavy tools as well as the necessary commodities and materials.
  4. Provision of heating, lighting, operating power, water, including the necessary connections.
  5. Provision of necessary, dry and lockable rooms for storing the tools of the repair personnel.
  6. Protection of the repair site and materials against harmful influences of any kind, cleaning of the repair site.
  7. Provision of suitable, theft-proof common rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the repair personnel.
  8. Provision of the materials and all other actions that are necessary to regulate the repair item and to carry out a contractually stipulated trial.
• 4. The customer's technical assistance must ensure that the repair can be started immediately after the arrival of the repair personnel and can be carried out without delay until acceptance by the customer. Insofar as special plans or instructions from the contractor are required, the contractor will make them available to the customer in good time.
• 5. If the customer does not fulfil his obligations, the contractor is entitled, but not obliged, after setting a deadline, to carry out the actions incumbent on the customer in his place and at his expense. Otherwise, the statutory rights and claims of the contractor remain unaffected.

VI. Transport and Insurance for Repairs in the Contractor's Plant

• 1. Unless otherwise agreed in writing, transport to and from the repair item - including any packaging and loading - carried out at the customer's request will be carried out at his expense, otherwise the repair item will be delivered by the customer to the contractor at his expense and collected by the customer from the contractor after the repair has been carried out.
• 2. The customer bears the transport risk.
• 3. At the customer's request, the outward and, if necessary, the return transport will be insured against the insurable transport risks, e.g. theft, breakage, fire, at his expense.
• 4. There is no insurance cover during the repair time in the contractor's plant. The customer must ensure that the existing insurance cover for the repair item, e.g. with regard to fire, pipe water, storm and machinery breakdown insurance, is maintained. Insurance cover for these risks can only be provided at the express request and expense of the customer.
• 5. In the event of the customer's delay in taking over, the contractor can charge storage costs for storage in his plant. The repair item can also be stored elsewhere at the discretion of the contractor. Costs and risk of storage are borne by the customer.

VII. Time for Repair, Delay in Repair

• 1. The information about the repair deadlines is based on estimates and is therefore not binding.
• 2. The customer can only demand the agreement of a binding repair deadline, which must be designated as binding, if the scope of the work is precisely determined.
• 3. The binding repair deadline is met if the repair item is ready for acceptance by the customer, or for carrying out a contractually stipulated trial, by the time it expires.
• 4. In the case of supplementary and extension orders placed later or in the case of necessary additional repair work, the agreed repair period shall be extended accordingly.
• 5. If the repair is delayed by measures in the context of industrial disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which the contractor is not responsible, a reasonable extension of the repair period shall occur, insofar as such obstacles demonstrably have a significant influence on the completion of the repair.
• 6. If the customer suffers damage as a result of the contractor's delay, he is entitled to demand flat-rate compensation for delay. It amounts to $0.5\% $ for each full week of delay, but not more than $5\% $ of the repair price for that part of the item to be repaired by the contractor which cannot be used in time as a result of the delay.
• If the customer sets the contractor - taking into account the statutory exceptions - a reasonable period for performance after the due date and the period is not met, the customer is entitled to withdraw from the contract within the framework of the statutory provisions. He undertakes to declare at the contractor's request within a reasonable period whether he will exercise his right of withdrawal. Further claims due to delay are determined exclusively by Section XI. 3 of these conditions. (Note: Again, this is likely a reference error. I am keeping the original text for legal consistency.)

VIII. Acceptance

• 1. The customer is obliged to accept the repair work as soon as he has been notified of its completion and a contractually stipulated test of the repair item has taken place. If the repair proves not to be in accordance with the contract, the contractor is obliged to remedy the defect. This does not apply if the defect is irrelevant to the interests of the customer or is due to a circumstance attributable to the customer. If there is an insignificant defect, the customer cannot refuse acceptance.
• 2. If acceptance is delayed without the fault of the contractor, acceptance shall be deemed to have taken place after two weeks have elapsed since notification of the completion of the repair.
• 3. With acceptance, the contractor's liability for recognizable defects ceases, unless the customer has reserved the right to assert a specific defect.

IX. Retention of Title, Extended Lien

• 1. The contractor reserves the title to all accessories, spare parts and exchange assemblies used until receipt of all payments from the repair contract. Further security agreements can be made.
• 2. The contractor is entitled to a lien on the repair item of the customer that has come into his possession on the basis of the contract for his claim from the repair contract. The lien can also be asserted for claims from earlier work carried out, spare parts deliveries and other services, insofar as they are related to the repair item. For other claims from the business relationship, the lien only applies insofar as these are undisputed or legally established.

X. Claims for Defects

• 1. After acceptance of the repair, the contractor is liable for defects in the repair to the exclusion of all other claims of the customer, notwithstanding Nos. 5 and 6 and Section XI of these conditions, in such a way that he has to remedy the defects. The customer must notify the contractor of a discovered defect in writing immediately.
• 2. The contractor's liability does not exist if the defect is irrelevant to the customer's interests or is based on a circumstance attributable to the customer. This applies in particular with regard to the parts provided by the customer.
• 3. In the event of improper changes or repair work carried out by the customer or third parties without the prior consent of the contractor, the contractor's liability for the resulting consequences shall be lifted. The customer only has the right to remedy the defect himself or through third parties and to demand reimbursement of the necessary costs from the contractor in urgent cases where operational safety is endangered and to protect against disproportionately large damage, whereby the contractor must be informed immediately, or if the contractor - taking into account the statutory exceptions - has allowed a reasonable period of time set for remedying the defect to pass fruitlessly.
• 4. In the event of a justified complaint, the contractor shall bear the costs necessary to remedy the defect, insofar as this does not result in a disproportionate burden.