1. all conflicting conditions of the customer are hereby excluded. Our terms and conditions shall apply exclusively to all orders placed with us and shall form an integral part of the contract. Requests for changes to our terms and conditions must be objected to in principle and without delay.

2. agreements and arrangements made with our representatives constitute contract proposals which require written confirmation by us.

1. the first offers are normally free of charge. Further elaborations, which require a high effort, are only free of charge if a legally effective supply contract is and remains in force. We reserve the right to make technical changes as long as the function of a plant or part of a plant is not affected.

2. the technical documents enclosed with the offer are generally not binding, unless they are expressly designated as binding.

3. it is generally prohibited to make all documents belonging to an offer accessible to third parties. we reserve the right of ownership and copyright.

4. only ancillary agreements confirmed by us in writing shall be effective.

1. prices are subject to change. They are valid ex works excluding packaging, loading, insurance, transfers, customs, freight and assembly. 2.

2. withholding or offsetting of payment due to any counterclaims of the purchaser is excluded.

3. payment shall be made without any deduction. The method of payment is precisely fixed in the order confirmation. In the event of late or deferred payment, interest shall be paid in accordance with the bank rate.

4. our prices are based on today's wages and raw material prices. Should it become apparent during the processing of the order that wages, raw material prices and manufacturing costs will be increased or decreased, we reserve the right to adjust our prices accordingly.

5. payment shall be made to the account specified in the invoice.

6. if the customer remains in default with a partial payment for more than 1 month, the entire remaining amount shall become due for payment. Failure to comply with the terms of payment shall release the Seller from any further contractual obligation.

7. non-compliance with the terms of payment or circumstances which become known to the seller after the respective conclusion and which, in his opinion, reduce the creditworthiness of the purchaser, result in the immediate maturity of all claims of the seller.outstanding deliveries will then only be carried out against advance payment or security.

The supplier reserves the right of ownership to the delivery item, especially all claims of the supplier against the purchaser, until these claims from the business relationship have been settled. This shall also apply if the price for the delivery designated by the Purchaser has been paid. In case of a current account, the reserved property shall be considered as security for the balance claim of the Seller. The retention of title shall also remain in force until the assembly or repair costs have been paid or current acceptances have been covered. Any pledging or transfer of ownership by way of security is prohibited. In the event of seizure or any other impairment of the seller's rights, the buyer must notify the seller immediately.

1. delivery times stated by us are non-binding, unless expressly agreed otherwise. These will be adhered to as far as possible. Should the delivery be delayed, claims for compensation are excluded, as well as the assertion of the withdrawal from the contract.

2. strike, force majeure or official measures entitle the seller to extend the delivery period and thus all subsequent periods for the duration of the hindrance.

3. compliance with binding delivery and performance obligations of GÖMA presupposes the timely and proper fulfillment of the buyer's obligations.

1. if acceptance is delayed at the request of the purchaser, we may charge for the costs incurred as a result.

2. if the customer does not accept the delivery item within 1 month after notification of readiness for dispatch, we shall be entitled, without prior reminders, to charge a contractual penalty of 0.5% of the order total for each additional month or part thereof. Assertion of the contractual penalty shall not affect the right to acceptance and payment of the delivery item. 3.

3. in the event of default on the part of the customer, we shall also be entitled to withdraw from the contract after setting a reasonable deadline of no more than 2 weeks for acceptance and/or payment or, if necessary, to dispose of the delivery item elsewhere. The purchaser can then be supplied later at a correspondingly appropriately postponed date at the then applicable price.

1. the risk passes to the buyer at the latest when the delivery parts are handed over to the person carrying out the transport.
If shipment is delayed at the request of the Buyer or through no fault of GÖMA, or if shipment becomes impossible through no fault of GÖMA, the risk shall pass to the Buyer upon notification of readiness for shipment. The same applies in the event of culpable delay in acceptance by the Buyer. 2.
2. the Buyer shall be liable for damage after the passing of risk, in particular during the unloading of the purchased goods from the transport vehicle carried out by the Buyer.

1. acceptance of the delivery may not be refused if insignificant complaints are given.

2. if the delivery item essentially complies with the terms of the contract and has been delivered, the performance owed by us shall be deemed to have been effected.

We shall be liable, to the exclusion of all further claims, for defects in the deliveries, which shall also include the absence of expressly warranted characteristics, as follows :

1. we shall deliver new or repair those parts which, within 6 months of commissioning, but no longer than 9 months after delivery, become demonstrably unusable or significantly impaired in their functionality as a result of poor design, poor construction materials or defective workmanship. This applies to circumstances which were the cause for this before the transfer of risk. The Supplier must be notified immediately in writing of the discovery of a defect. Replaced parts shall become the property of the supplier. If shipment, installation or commissioning is delayed through no fault of the Supplier, liability shall expire no later than 12 months after the transfer of risk.

2. claims arising from defects shall become statute-barred in all cases 6 months from the time of timely notification of the defect, but no earlier than the expiry of the warranty obligation.

3. we do not assume any warranty for damages resulting from unsuitable or improper use of the delivery item. The same applies to faulty assembly, commissioning or repairs carried out by the customer or third parties. The warranty shall also be excluded in the event of natural wear and tear, faulty or negligent handling, excessive stress, defective construction work or unsuitable foundation soil as well as the use of unsuitable operating materials. The Purchaser shall bear the burden of proof. 4.

(4) Any repairs deemed necessary by the Supplier in its reasonable discretion shall only be carried out if the necessary time and opportunity are given for this purpose, otherwise the Supplier shall be released from its warranty obligation. A remedy of the defect may only be carried out by the Purchaser itself or by a third party if in urgent cases, e.g. in the event of a risk to operational safety, the Supplier's consent has been obtained or if the Purchaser is in default with the remedy of a defect. 5.

(5) The warranty for the replacement part and the repair shall be the same as for the delivery item.

(6) We shall not be liable for parts which, due to their use or material composition, are subject to increased wear, such as ball bearings, seals, pressure gauges, springs, stuffing box packings, diaphragms, etc. The supplier shall be entitled to remove the defective part or repair the defective part in the same way as for the delivery item.

(7) The Supplier may refuse to remedy defects as long as the Purchaser fails to meet its obligations, in particular its payment obligations.

(8) Claims for compensation for damage which has not occurred to the delivery item itself are also excluded.

(9) No liability shall be assumed for personal accidents, disruptions of the operational process or other damages and disadvantages incurred by the Purchaser as a result of the delivery.

A right to compensation of any kind, as well as to cancellation or reduction, in particular due to loss of profit or reimbursement of the costs incurred directly by the orderer through acceptance, processing or use of the defective items, is excluded. A warranty obligation does not extend to materials supplied by the Purchaser or to designs prescribed by the Purchaser. 10.

10. if the purchaser determines the construction or prescribes the material, the warranty claim shall not extend to defects arising therefrom.

(11) The above provisions of clause IX shall apply only to contracts for the supply of newly manufactured goods and services. In the case of contracts for the delivery of used items, this delivery shall be made to the exclusion of any warranty.

If the assembly and installation is to be carried out by the supplier, the enclosed or requested assembly conditions shall apply.

In the event of onward delivery of goods to a foreign country by a domestic buyer, the customer shall be responsible for checking whether the goods to be exported are subject to restrictions under the Foreign Trade and Payments Act of the FRG, DualUseVO of the EU or the US Foreign Trade and Payments Act.

The place of performance for all services arising from the delivery contract or the contract drawings shall be Chemnitz.

The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Chemnitz.

The terms of delivery are binding for both parties, irrespective of any amendments to individual provisions, if the purchaser does not object in writing immediately after receipt of the order confirmation.
The law of the Federal Republic of Germany shall apply to these terms and conditions and to the entire legal relationship between GÖMA and the Buyer. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.