1. Offers are based on the present General Terms and Conditions (GTC) . Signing of the contract presumes acceptance of our GTC beforehand. Deviations from the GTC, especially conditions of our contract partners, shall apply only if and when expressly accepted by us in writing. Our GTC apply for all current and future contracts with our contract partners.

2. Data in offers and price lists concerning sizes, weights, etc. are approximate values; the right of
design modifications due to technical improvement is reserved. If not noted otherwise, standard sizes stated in offers are applicable, especially the ones of fork pockets for forklifts. Our offers are exemptible. They are binding for us within 4 months. The legal VAT must be paid inland. All machines and interchangeable parts of equipment included in our production assortment are delivered with CE conformity symbol and with conformity certificate enclosed, if not agreed otherwise with the customer.

3. Orders, non-written agreements and changes are valid only upon our confirmation in written, also subsequently. By his/her placing the order or acceptance of the order confirmation, the buyer declares that he/she is agree with our conditions, if no other conditions are expressly accepted by us in written. If through such additional agreements or through other circumstances, one or several parts of the conditions mentioned above are omitted, all residual parts remain valid. Our order confirmation can be contradicted only in written by return of post, i.e. max. within 3 working days. We reserve the right of corrections of possible obvious mistakes in our order confirmations or invoices.

4. Delivery periods are adhered to as punctually as possible. If the delivery is not performed on the agreed date, the orderer can cancel the contract after a lapse of a reasonable extension period. Claims for compensation of losses are not permitted unless the losses are caused by rough faults. The delivery day is the day on which the goods are ready for dispatch.

5. Dispatch of our goods takes place ex works at the orderer's risk and cost, whereas we dispatch our goods per carrier. We bear no responsibility for transportation damages and missing parts. Incomplete dispatches or possible transportation damages must be notified to the carrier and immediately claimed after goods receipt.

6. Notices of defects must be made in written within 8 days after receipt of the goods. The client must check the delivery immediately after its receipt. Later claims are not permitted and will not be accepted. The orderer can only demand reparation of defects at our cost, however no rescission, price
reduction or compensation of losses. Only if reparation or substitutional delivery was not successful, the orderer can demand a price reduction or a contract rescission. Our responsibility remains unaffected if it concerns guaranteed properties as defined in Sections 463, 480, Par. 2, 635 of the German Civil Codex (BGB).

7. Lacquering of the devices is performed in the standard blue colour, if not agreed otherwise. The purpose of the lacquering is to protect the device against corrosion. It is not intended to fulfil any requirements concerning brilliance or visual properties. If the surface finish fulfils the protective functions required from it, no complaints will be accepted concerning its quality. Visual defects and colour deviations which are subject to technical treatment must be tolerated taking the kind of devices into consideration.

8. Special manufactured goods are generally may not be exchanged.

9. During operation of the forklift, usage of safety facilities, especially anti-slip device and locking of the lever against accidental release, is mandatory, and the orderer is responsible for that. Operation instructions of devices must be given out to their users and adhered to.

10. Payments must be performed either within 10 days after the invoice date (=dispatch date) with 2 per cent discount or within 30 days as net payment, if not agreed otherwise. When transferring the money from band to bank, an operation time of about 5 days must be considered. Discount retentions which are made too late will not be accepted by us and will be claimed. If the order value exceeds EURO 2,000.- , we reserve the right to determine the type of payment. If the client places an order the first time, we reserve the right to require a half of the goods value before the goods are dispatched. Payment by draft needs to be previously agreed. After a 30 day-period is lapsed without success, the valid customary debit (overdraft) interest will be charged as default interest to the orderer; the supplier reserves the right to claim for his new rights without formal overdue payment notification. All dunning and collection costs must be paid by the orderer.

11. Termination of a contract by the orderer gives the supplier the right for compensation amounting minimum 20 per cent from the order value, depending on the kind and volume of the order.

12. Our warranty period is 1 year, for normal operation. Obvious defects must be notified within 3 days after delivery.

13. Retention of title for delivered goods remains our right, until the goods incl. all indirect costs are paid completely. In case of worsening of the orderer's solvency or overdue payment, we are entitled to take back the goods which are still unpaid without to grant a prolongation. The orderer must allow us all actions which are necessary to take the goods back, e.g. access to the goods location. If the orderer processes the delivered goods together with other things belonging to the third party, we become co-owners as defined in Sections 947, 948 of the German Civil Codex (BGB). The object is considered as reserved goods as defined in the GTC.
Any processing of goods by the client is considered as done for us. From his activity, no claims can accrue against us. For securing of our receivables, the client assigns to us his receivables resulted from the resale of the goods which are in our ownership or co-ownership, incl. indirect and security rights, drafts and cheques, in advance. We accept the assignment. The assignment is limited to our share in the co-ownership. The client is entitled to resale the delivered goods with our reserved right of ownership or co-ownership, if he executed the resale in a legal business process, and to collect receivables assigned to us, as long as he assures that he is capable of fulfilling his payment obligations in an orderly way. Pawnage or using the goods for chattel mortgage is permitted only upon our permission in written, also if it is done by factoring. If the client keeps the payment means collected for the assigned receivables, he is obliged to return them upon request. The client must immediately inform us about distraints or other juridical executions involving the goods which are in our ownership or co-ownership, or assigned rights.
Taking back of goods which are in our ownership or co-ownership means our withdrawal from the contract only if it is acknowledged by us in written. The client is obliged to keep all goods of own ownership or co-ownership carefully and insure against all thinkable risks. The client assigns the claims against these insurances to us in advance. WE accept this assignment.

14. Place of performance for delivery and payment is D-89597 Munderkingen. Depending on the
value of the claim, the venue for all disputes is the district court in Ehingen or the Regional Court in Ulm/Donau, if the purchaser is a merchant or a legal person under public law. In other respects, the venue mentioned above is also applicable for non-merchants and for contract partners who have no general juridical venue in the Federal Republic of Germany.