General Terms and Conditions of Ernst Feiler GmbH

(Version: August 2026)

1. Scope of Application

1.1 These General Terms and Conditions shall apply to all contracts concluded between you and us, Ernst Feiler GmbH, Greimweg 4, 95691 Hohenberg an der Eger, Germany, represented by the Managing Director Michael Hauspurg (Local Court of Hof, Commercial Register HRB 2096), VAT ID No. DE 811584534, Tel. +49 9233 7728-0, Fax +49 9233 7728-99, for the purchase and delivery of goods via this online shop at www.feiler.de, unless otherwise agreed in writing between you and us. These Terms and Conditions do not apply to catalogue orders.

1.2 Any amendments to these General Terms and Conditions will be communicated to you in writing, by fax or by email. Unless you object to such amendments within four weeks after receipt of the notification, the amendments shall be deemed accepted by you. You will be specifically informed of your right to object and the legal consequences of failing to object when the amendments are notified.

1.3 The language available for the conclusion of the contract is exclusively German.

2. Conclusion of the Contract
2.1 The products presented in our online shop are non-binding and do not constitute legally binding offers. They merely represent an invitation to place an order ("invitatio ad offerendum").

2.2 By submitting an order in our online shop by clicking the button "Order with obligation to pay" in the final step of the ordering process, you make a legally binding offer to purchase the goods displayed in the order summary ("shopping cart"). You are bound by your order for a period of three days after submitting it. Any statutory right of withdrawal you may have under Section 10 remains unaffected.

2.3 You warrant that all information provided when placing your order (e.g. name, address, email address, bank details, etc.) is accurate and complete. You must notify us immediately of any changes.

2.4 We will promptly confirm receipt of your order submitted through our online shop by email. Such confirmation does not constitute acceptance of your order unless it expressly states, in addition to confirming receipt, that the order has been accepted.

2.5 A contract between you and us is only concluded once we accept your order either by sending a separate email ("Order Confirmation") or by dispatching the ordered goods. If delivery of the goods ordered by you is not possible, for example because they are unavailable or out of stock, we will refrain from accepting your order. In such case, we will inform you without undue delay and reimburse any payments already received. Please also check your email spam folder regularly.

2.6 We deliver our goods exclusively to customers within the Federal Republic of Germany.

3. Technical Steps Leading to the Conclusion of the Contract, Correction of Input Errors, Electronic Right of Withdrawal Function

3.1 During the ordering process, you first place the desired products into the shopping cart. There you may change the desired quantity or remove selected products, in whole or in part, at any time. Once you have added products to the shopping cart, clicking the "Continue" buttons will first take you to a page where you can enter your personal information and subsequently select your preferred shipping and payment method. Finally, you will be presented with an overview page where you can review all the information you have entered. You may correct any input errors (e.g. regarding the payment method, personal data or product quantity) by clicking the "Edit" button in the relevant section. However, your order can only be submitted after you have accepted these Terms and Conditions by clicking the "Accept Terms and Conditions" button. If you wish to cancel the ordering process completely, you may simply close your browser window. Otherwise, by clicking the confirmation button "Order with obligation to pay", your declaration becomes legally binding within the meaning of Section 2.2 of these General Terms and Conditions.

3.2 The user interface provides a button labelled "Withdraw Contract", which is available throughout the statutory withdrawal period and enables you to submit a declaration of withdrawal. By clicking this button, you will be redirected to a page where you will be asked to provide your first and last name, information identifying the contract or the part of the contract you wish to withdraw from, and details of the electronic means of communication through which you wish to receive confirmation of receipt of your withdrawal. After entering the required information, you must submit your declaration of withdrawal by clicking the "Confirm Withdrawal" button. Immediately after receiving your withdrawal by this method, we will provide you, on a durable medium, with confirmation of receipt containing the content of your withdrawal declaration as well as the date and time of its receipt.

4. Storage of the Contract Text

4.1 The contract text (consisting of the order, these General Terms and Conditions, and the Order Confirmation) will be sent to you on a durable medium (email or paper copy), either together with the Order Confirmation referred to in Section 2.5 or in a separate email, but no later than upon delivery of the goods.

4.2 The contract text will be stored in compliance with the applicable data protection regulations.

5. Registration in Our Online Shop

5.1 You may place orders in our online shop either as a guest or as a registered user. As a registered user, you are not required to enter your personal data each time you place an order. Instead, you can simply log in to your customer account before or during the ordering process using your email address and the password you selected during registration.

5.2 Registration alone does not create any obligation to purchase the goods offered by us.

6. Prices and Shipping Costs

6.1 All prices stated in our online shop are final prices, i.e. they include the applicable German value added tax (VAT) and all other price components. Shipping costs pursuant to Section 6.2 are charged in addition.

6.2 Unless otherwise specified below, shipping shall be at your expense. For deliveries within Germany, we charge a flat shipping fee of EUR 4.90 per order for orders with a value of up to EUR 50.00. Orders with a value exceeding EUR 50.00 are shipped free of charge within Germany.

6.3 If we fulfil your order by partial deliveries in accordance with Section 8.1, you will only be charged shipping costs for the first partial delivery. However, if partial deliveries are made at your request, shipping costs will be charged for each partial delivery.

6.4 If you validly withdraw from the contract in accordance with Section 13, you may, subject to the applicable statutory provisions, claim reimbursement of the shipping costs incurred for delivery to you ("standard delivery costs").

7. Payment

7.1 We offer the following payment methods. With the exception of advance payment and PayPal, payment processing is carried out by the payment service provider Nexi Germany GmbH:

7.1.1 We accept the following credit cards: Visa and Mastercard. Credit card payments are processed by Nexi Germany GmbH. When paying by credit card, you must provide your card number, card verification code and expiry date. As part of the 3D Secure procedure, you must also enter the six-digit authentication code sent to your mobile phone by your credit card issuer via SMS.

7.1.2 If you choose to pay via PayPal, you will be redirected directly to PayPal.

7.1.3 If you choose payment in advance, the purchase price and shipping costs must be transferred to our account no later than two weeks after receipt of the payment details. Your order will be dispatched as soon as payment has been received.

7.1.4 We also offer payment via Klarna, Apple Pay and Google Pay. You will be redirected directly to the respective payment service provider.

7.2 You may only offset claims against us if your counterclaims are undisputed or have been finally determined by a court of law. You may exercise a right of retention only to the extent that your counterclaim arises from the same contractual relationship.

8. Delivery Conditions

8.1 If the goods are available, delivery will be made within two to three business days. We are entitled to make partial deliveries. Any applicable shipping costs are indicated in the respective product description and in Section 6.2; these will be shown separately on the invoice. Delivery dates and delivery periods shall only be binding if confirmed by us in writing.

8.2 Our obligation to deliver shall cease if we are not supplied correctly or in due time by our own suppliers and we are not responsible for the lack of availability. In the event of non-availability, we will inform you without undue delay and immediately refund any payments already made.

8.3 If we fail to deliver the goods, or fail to deliver them in accordance with the contract, you must grant us a reasonable additional period for performance. Otherwise, you shall not be entitled to withdraw from the contract.

9. Retention of Title

9.1 The delivered goods shall remain our property until payment has been made in full.

9.2 You must notify us immediately if any third party gains access to the goods subject to retention of title. You shall be liable for all costs incurred in removing such access, in particular the costs of filing a third-party objection, unless reimbursement of such costs can be obtained from the third party concerned.

10. Warranty Rights

10.1 In the event of a defect in the purchased goods, the statutory provisions applicable at the time the contract is concluded shall apply. This means that you must first notify us of any defect so that we have the opportunity to remedy the defect or supply replacement goods free from defects as part of subsequent performance. If the additional statutory requirements are met, you shall be entitled to reduce the purchase price or withdraw from the contract. If subsequent performance has not been completed within a reasonable period after you notified us of the defect, you shall, in particular, be entitled to withdraw from the contract. Section 475 (1) of the German Civil Code (BGB) shall remain unaffected.

10.2 Claims for damages resulting from defects in the goods shall, in addition to the statutory requirements, be subject to the conditions set out in Section 11.

Subject to the provisions set out in sentences 2 and 3 below, all warranty claims shall become time-barred two years after receipt of the goods. If a defect becomes apparent within the limitation period, the limitation period shall not expire before the end of four months from the date on which the defect first became apparent. If you have handed over the purchased goods to us for subsequent performance, the limitation period for claims arising from the asserted defect shall not expire before two months after the date on which we return the repaired or replacement goods to you.

11. Liability for Damages

11.1 Without prejudice to any other statutory requirements for claims, our liability for damages shall be subject to the following exclusions and limitations of liability.

11.2 We shall be liable in cases of intent or gross negligence. In cases of ordinary negligence, we shall only be liable for the breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, irrespective of the legal basis, including liability for culpa in contrahendo (fault in the conclusion of the contract), is excluded.

11.3 Where we are liable for ordinary negligence pursuant to Section 11.2, our liability shall be limited to the damage that was typically foreseeable at the time the contract was concluded.

11.4 The above exclusions and limitations of liability shall not apply where we have assumed a guarantee for the quality of the goods, to damages arising under the German Product Liability Act (Produkthaftungsgesetz), to injury to life, body or health, or to any mandatory statutory claims.

11.5 The above exclusions and limitations of liability shall also apply for the benefit of our employees, agents and other third parties engaged by us in the performance of the contract.

12. Data Protection

12. Privacy

12.1 Personal data is processed exclusively in accordance with the applicable data protection regulations. To the extent necessary for the performance of the contract, personal data may be transferred to the payment and shipping service providers we use. Further information on the processing of personal data can be found in our Privacy Policy.

12.2 Personal data is processed exclusively to the extent necessary for the establishment, performance, and settlement of the contractual relationship. Further information on the processing of personal data can be found in our Privacy Policy.

12.3 Further information on the processing of personal data and your rights as a data subject can be found in our Privacy Policy, available in our online shop at https://www.feiler.de/en/Legal/Data-privacy/ If you have any questions regarding data protection or wish to exercise your data protection rights, you can contact our support team by phone at +49 9233 7728-0 or by email at datenschutz@feiler.de.

13. Right of Withdrawal

13.1 As a consumer, you have a statutory right of withdrawal. The conditions and legal consequences are explained below:

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods. In the case of a contract relating to several goods ordered in a single order and delivered separately, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, took possession of the last item.

To exercise your right of withdrawal, you must inform us (Ernst Feiler GmbH, Greimweg 4, 95691 Hohenberg an der Eger, Germany, Telephone +49 9233 77280, Fax +49 9233 772899, Email: widerruf@feiler.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, an email or our Withdrawal Form). You may use the attached Model Withdrawal Form, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal. We will make such reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us (Ernst Feiler GmbH, Greimweg 4, 95691 Hohenberg an der Eger, Germany) without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You are only liable for any diminished value of the goods if such diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the Right of Withdrawal
Pursuant to Section 312g (2) of the German Civil Code (BGB), the right of withdrawal does not apply, among other things, to distance selling contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Model Withdrawal Form
If you wish to withdraw from the contract, please complete and return this form:

An

Ernst Feiler GmbH

Greimweg 4, 

95691 Hohenberg a.d.Eger 

Telefax: 09233/7728 – 99; E-Mail: widerruf@feiler.de

Hiermit widerrufe/n ich/wir (*) den von mir/uns abgeschlossenen Vertrag über den Kauf der folgenden Waren ……………..(*) 

bestellt am ………………………….. (*)/ erhalten am …………………(*) 

Name des/der Verbraucher(s) ……………………………………………… 

Anschrift des/der Verbraucher(s) ………………………………………………

                                                        ………………………..……………………. 

                                                        .…………………………………………….. 

Unterschrift des/der Verbraucher(s) …………………………..…………………… 

(nur bei Mitteilung auf Papier) 

Datum …………………………….…………………..

(*) Unzutreffendes streichen 

Ende der Widerrufsbelehrung 

14. Refused or Uncollected Parcels

14.1 We reserve the right to charge a fee of EUR 10.00 for parcels that are refused and/or not collected in order to cover the costs incurred (e.g. handling, packaging and freight).

14.2 However, we shall not be entitled to such a charge pursuant to Section 14.1 if you can demonstrate that no costs, or only lower costs, were incurred by us, or if you have declared your withdrawal from the contract before the goods were delivered to you or to the parcel shop designated by you. The relevant date shall be the date on which your notice of withdrawal was sent.

15. Copyright

We hold the copyright to all images, videos and texts published in our online shop. Any use of such images, videos or texts without our express prior consent is prohibited.

16. Applicable Law, Mandatory Consumer Protection Provisions

16.1 These General Terms and Conditions and the entire legal relationship between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided that

16.1.1 the customer has their habitual residence in Germany; or

16.1.2 the customer has their habitual residence in a country that is not a member state of the European Union.

16.2 If the customer has their habitual residence in a member state of the European Union, German law shall likewise apply. However, mandatory consumer protection provisions of the country in which the customer has their habitual residence shall remain unaffected.

17. Dispute Resolution

17.1 The European Commission has established an online platform for the resolution of consumer disputes. The platform serves as a point of access for the out-of-court settlement of disputes arising from online purchase contracts. Further information is available at http://ec.europa.eu/consumers/odr.

17.2 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18. Final Provisions

18.1 Any amendments or additions to these General Terms and Conditions must be made in writing. This shall also apply to any waiver of this written form requirement.

18.2 If, at the time of concluding the contract, you had your residence or habitual residence in Germany and subsequently moved abroad, or if your place of residence is unknown at the time legal proceedings are initiated, the place of jurisdiction for all disputes shall be the registered office of our company.

18.3 Should any provision of this contract be or become invalid or conflict with mandatory statutory provisions, the validity of the remaining provisions of the contract shall remain unaffected.

Standard Conditions of the German Textile Industry, Version as of: 01/01/2020

1 Scope of Application

1. The Standard Conditions shall apply solely between merchants.

2. All deliveries and services of the seller shall be subject to the following Standard Conditions of the

3. German Textile Industry. General Terms and Conditions of the purchaser shall not be recognised by the seller, unless the seller has agreed to their validity in writing. This also applies if the seller unconditionally performs the services having knowledge of contrary or deviating conditions to the present Standard Conditions.

2 Place of performance, delivery and acceptance

1. The place of performance for all obligations under the delivery agreement shall be the place of the registered place of business of the seller.

2. The goods shall be delivered ex (domestic) works. The shipping costs shall be borne by the purchaser. The purchaser may determine the carrier. The goods shall be sent uninsured. The parties may agree that a shipping notice must be issued.

3. Packing costs for special packaging shall be borne by the purchaser.

4. Sorted partial shipments and in the case of combinations, partial shipments adequate for sale must be processed promptly and advance notice of such deliveries shall be given to purchaser. Unsorted shipments shall only be permitted with the prior consent of the purchaser.

5. If the purchaser is at fault for not accepting the goods in a timely manner, the seller may at his discretion, and after giving notice of a grace period of 12 calendar days, either invoice the goods with payment being due immediately (backorder invoice) or withdraw from the contract or claim damages.

3 Place of legal venue

The place of legal venue (also for bills of exchange and check complaints) shall be, at the plaintiff's

discretion, at a German registered place of business of one of the parties. The plaintiff may also take legal action at the registered office of the specialist organisation responsible for the seller (Stuttgart).

The court to which recourse is first sought shall have jurisdiction.

4 Subject matter of the contract

1. The goods shall be delivered on determined dates (workday or a specific calendar week). All sales shall be concluded for determined quantities, articles, levels of quality and fixed prices. Both parties shall be bound hereto. Commission business shall not be entered into.

2. Block orders are permitted and must be limited in time when the contract is concluded. The acceptance period shall not exceed 12 months.

5 Interruption of Delivery

1. In the event of force majeure, labour disputes for which a party is not responsible for, and other operational disruptions that are beyond a party’s control and have lasted or are expected to last longer than a week, the delivery or acceptance period shall readily be extended by the duration of the obstruction, but not exceed 5 weeks. The extension shall only be granted if the other party is immediately given notice of the reason for the obstruction, as soon as it is clear that the delivery or acceptance deadline cannot be met.

2. If in the cases referred to in clause 1 hereinabove, the delivery or acceptance does not take place within the extended delivery or acceptance period the other party may withdraw from the contract, after giving notice of a grace period of 12 calendar days.

3. Claims for damages shall be excluded in the cases referred to in clause 1, if the relevant party has satisfied its obligation in accordance with clause 1.

6 Grace period for delivery

1. After expiry of the delivery period, a grace period of 12 calendar days shall start without any declaration being required. After the grace period, the purchaser may withdraw the contract by giving notice in writing. If the purchaser wishes to claim damages instead of delivery, it must give written notice to the seller of a 4-week delivery period after expiry of the agreed delivery date. The statutory regulations according to which setting an additional period for performance is not required (sections 281 para.2 and 323 para.2 of the German Civil Code) shall remain unaffected by this.

2. The grace period for goods in stock that are ready for dispatch, and NOS goods—"Never-out-of-stock" - is of 5 working days. The purchaser must be informed immediately in the event of non-delivery. Furthermore, the provisions of clause 1 shall apply.

3. Before the end of the grace period for delivery, claims of the purchaser for late delivery shall be excluded, inasmuch as section 8 clauses 2 and 3 do not apply.

7 Notice of defect

1. Notices for open defects shall be sent to the seller no later than 12 calendar days after receipt of the goods. Hidden defects must be notified by the seller without delay as soon as they are discovered.

2. Any claim for open defects shall be excluded after the supplied goods have been cut or processed in any other way.

3. Minor, technically unavoidable deviations in quality, colour, width, weight, finish or design shall not be considered as defects. This also applies for standard deviations, unless the seller has declared in writing that the delivered goods must strictly match a given sample.

4. In case of justified notice of defects, the purchaser may claim repair of the goods or delivery of replacement goods at the seller’s discretion within 12 calendar days after receipt of the returned goods by seller. In this case, the seller shall pay the freight costs. If subsequent repair or replacement delivery fails, the purchaser may only proportionally reduce the purchase price or withdraw from the contract, inasmuch as section 8 clauses 2 and 3 do not apply.

5. If the notice of defect is not given in a timely manner, the goods shall be deemed as approved.

8 Compensation for damages

1. Claims for damages made by the purchaser shall be excluded unless otherwise agreed in these conditions.

2. The exclusion in clause 1 shall not apply in case of a liability under the German Product Liability Act, in case of intent or gross negligence by the business owners, legal representatives and leadership, malice, failure to comply with a provided guarantee, in the event of intentional or negligent injury to life, body or health or in the event of the culpable breach of a material contract obligation; a material contractual obligation is one that shapes the contract and in the performance of which the purchaser may trust. The claim for damages because of a material breach shall be limited to foreseeable damage typical for a contract of this kind, unless another case referred to in sentence 1 applies.

3. A change of the burden of proof to the detriment of the purchaser is not linked to the above regulations.

9 Payment

1. The invoice shall be issued on the date of delivery or the date of provision of the goods. Postponement of the due date (value date) is fundamentally excluded.

2. Invoices are payable:

1. within 10 days of invoicing and dispatch of goods with 4% express discount payment

2. from 11 to 30 days after invoicing and dispatch of goods with 2.25% discount

3. from 31 to 60 days after invoicing and dispatch of goods net.

From the 61st day the purchaser shall be in default in accordance with section 286 para. 2 No. 1 of the German Civil Code.

3. If a bill of exchange is accepted by the seller in lieu of cash, cheques or wire transfer then a surcharge of 1% of the value of the bill is to be charged as of the 61st day from the date of invoice and dispatch of goods.

4. Instead of the above clauses, payment may be regulated as follows, provided that the purchaser is bound to this for at least 12 months:

Clauses 1 - 3 shall apply accordingly to the above payment schedule.

5. Changes to chosen payment schedule shall be announced three months in advance.

6. Payments shall be applied to the oldest debt which is due plus the accrued interest on arrears.

7. The timeliness of payments is determined by the date the payment is credited to the account of the seller.

10 Payment after the due date

1. For payments made after the due date interest of 9 percentage points above the base rate shall be charged in accordance with section 247 of the German Civil Code. In other respects, section 288 of the German Civil Code shall apply.

2. Until complete payment of invoice amounts that are due including default interest, the seller is not obliged to make any further deliveries in accordance with ongoing delivery contracts. The right to claim further damages remains.

3. In the event of a substantial deterioration in the financial circumstances of the purchaser, such as imminent insolvency or payment default, the seller may suspend his performance regarding all supply contracts that are based on the same legal relationship or withdraw from this delivery agreement after giving a notice period of 12 calendar days. Apart from this, section 321 of the German Civil Code shall apply. Section 119 of the German Insolvency Statute shall remain unaffected.

11 Right to off-set and to retain payments

The right to off-set and retain payments on due invoice amounts is only permitted with undisputed or legally binding claims, unless a claim for damages directly linked to the purchaser’s claim for faultless delivery is concerned.

12 Retention of title

1. The goods shall remain the property of the seller until full payment of all receivables for the delivery of goods arising from the business relationship with seller, including ancillary claims, damages as well as payment of cheques and bills of exchange. The right of retention of title shall remain even if individual claims of the seller are included in an open account and the balance is drawn and recognised.

2. If the purchaser processes, mixes or combines the goods under retention of title into a new movable good, this shall be done for the seller, without any liability to the seller. By combining, mixing or processing the goods, the purchaser does not acquire ownership of the new item according to sections 947 ff. of the German Civil Code. By combining, mixing or processing the goods under retention of title with items that do not belong to the seller, the seller acquires a joint ownership right in the new item according to the invoice value of his right of retention in proportion to the total value of the new item.

3. If a central settlement agency, which assumes the accounts receivable risk is involved in the business relationship between the seller and purchaser, the seller shall transfer ownership of the claim upon dispatch of the goods to the central settlement agency under the suspensive condition of payment of the invoice by the central settlement agency. The purchaser is only released from his payment obligation upon payment by the central settlement agency.

4. The purchaser may resell or further process the goods only under the following conditions:

1. The purchaser may sell or process the goods under retention of title in the ordinary course of business, provided that his financial situation does not subsequently significantly deteriorate.

2. The purchaser hereby assigns any claim with all ancillary rights arising from the resale of the goods under retention of title—including any open balance claims—to the seller. The seller accepts this assignment.

3. If the goods were combined, mixed or processed and the seller has acquired joint ownership in the amount of the invoiced value, then he shall be entitled to the purchase price in proportion to the value of his invoiced right to the goods.

4. If the purchaser has sold the claim to a factor, the purchaser assigns the claim against the factor which replaces the original claim to the seller and transfers the proceeds to the seller in proportion to the value of the seller´s right. The purchaser is obliged to disclose the assignment to the factor if it is more than 10 days overdue with an invoice or if his financial situation deteriorates significantly. The seller accepts this assignment.

5. As long as the purchaser meets his payment obligations, he is authorized to collect upon the receivables which have been assigned pursuant to the retention of title clause. The right to collect upon these claims expires in case of payment default by the purchaser or in case of a significant deterioration of the financial situation of the purchaser. In this case the seller is authorized by the purchaser to inform the customers of the purchaser of the assignment and the ownership of the seller in the accounts receivable. To enable the seller to collect upon the assigned claims, the purchaser must provide the necessary information and allow verification of the information. More particularly, the purchaser must provide the seller with a detailed list of all outstanding claims which have been assigned by reason of the retention of title right with the names and addresses of the customers, the amount of each claim, invoice date, etc.

5. If the value of the existing security provided to the seller by reason of the extended retention of title claims exceeds the total amount of the seller’s claims by more than 10%, the seller must proportionally release securities at his discretion upon the purchaser's request.

6. The assigned claims may not be pledged and a security interest in the claims may not be is transferred. In the event of a seizure or an attachment, the purchaser must immediately inform the seller of the name of the creditor who has executed the attachment or seizure.

7. If, in the exercise of his retention of title, the seller demands the delivered items back, this shall not automatically be deemed a withdrawal from the contract. The seller is free to sell the returned goods subject to the retention of title by means of a private sale.

8. The purchaser shall store the goods under retention of title for the seller free of charge. He shall insure them against standard risks, such as fire, theft and water damage within the usual scope. The purchaser hereby assigns his claims for damages against insurance companies or third parties because of the realisation of the aforementioned risks in the invoiced amount of the retained goods to the seller. The seller accepts the assignment.

9. All claims and rights arising from the retention of title and all its special forms defined in these conditions shall remain in force until there is a complete release from contingent liabilities such as out of checks and bills of exchange that the seller has incurred in the interest of the purchaser. In the case of sentence 1, the purchaser may carry out the factoring of his accounts receivable. However, he must inform the seller before incurring any contingent liabilities.

13 Applicable Law

The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 11/04/1980 is excluded.