Preamble
We deliver to entrepreneurs within the meaning of § 14 BGB, legal entities
persons under public law and special funds under public law
only under the following terms and conditions of sale and
delivery conditions. The validity of other conditions – in particular
in particular the buyer’s conditions of purchase – requires our
express written confirmation (§ 1a, sentence 5).

§ 1 Offer and acceptance
a) Our offers are non-binding. Orders are only binding for us
binding for us if and insofar as we have confirmed them in writing or
have commenced their fulfilment. Verbal
agreements, promises and guarantees made by our
employees – with the exception of executive bodies, authorised
authorised representatives – in connection with the
conclusion of the contract shall only become binding upon our
confirmation. The waiver of this
written form requirement must also be in writing. The
written form is always satisfied by fax and e-mail.
b) Supplementary clauses to the description of goods such as ‘approx,
‘as already delivered’, “as before” or similar additions in our
our offers refer exclusively to the quality or
quality or quantity of the goods, but not to the price.
Such information in the buyer’s orders shall be understood
understood accordingly.
c) Our quantities are approximate. In the event of
delivery in tanks or permanently connected tanks as well as in
silo vehicles, deviations of +/- 10 % of the agreed
agreed quantity shall be deemed to be in accordance with the contract. Such
quantity deviations reduce or increase the agreed
agreed purchase price accordingly.

§ 2 Purchase price and payment
a) Our prices are exclusive of value added tax,
in particular taking into account the respective
place of delivery. They are calculated on the basis of the quantities
quantities or weights determined by us or our supplier
unless the recipient determines them by means of calibrated
calibrated scales and the goods were transported at our risk.
transported at our risk; in this case, the recipient’s
price calculation.
b) The purchase price is due net cash upon delivery of the goods,
unless otherwise agreed in writing (§ 1a, sentence 5).
c) If the due date is exceeded, we may charge interest in the amount of
5 percentage points above the base interest rate.
d) In the event of default, we shall charge default interest in the amount of
amount of 9 percentage points above the base interest rate and
an additional lump sum of 40 euros. We
reserve the right to claim further damages.
damages.
e) Bills of exchange and cheques shall only be accepted on account of performance and
accepted on account of fulfilment and if agreed accordingly. Customary bank
charges for payment transactions shall be borne by the
buyer.
f) The right of retention and set-off shall only accrue to the
only to the extent that its counterclaims are undisputed or
undisputed or legally established, they are based on the same
are based on the same contractual relationship with us/or entitle him
§ 320 BGB would entitle him to refuse performance.
performance.
g) If the buyer does not fulfil his payment obligations
obligations, in particular if he suspends his payments or
a cheque is not honoured, or if we become aware of other
circumstances become known to us that call his creditworthiness into
creditworthiness, we shall be entitled to declare the entire remaining debt
with the exception of time-barred claims,
even if we have accepted cheques/bills of exchange. We
are also entitled to demand advance payments or
demand advance payments or securities. Furthermore, we may
further deliveries, not only from the respective contract, but also
from other contracts in whole or in part
or refuse them and demand immediate cash payment for all deliveries.
of all deliveries.

§ 3 Delivery
a) The agreed delivery periods and dates shall always be deemed approximate
approximate, unless a fixed date has been expressly
agreed as such in writing (§ 1a, sentence 5).
b) In the case of deliveries that do not affect our business
(drop shipments), the delivery date and deadline shall be deemed to have been met
if the goods leave the place of delivery in such good time that
delivery arrives at the recipient’s premises in good time
recipient within the usual transport time.
c) Events of force majeure – which also include public legal
restrictions as well as strikes and lockouts – entitle us to
entitle us to withdraw from the contract. Compensation
for breach of duty is excluded in such cases.
This shall also apply in the event of late delivery to us
by our suppliers which we are not
for which we are not responsible. We are obliged to inform the purchaser
such events without delay.
d) We shall not be liable for impossibility or delay in the fulfilment of
fulfilment of delivery obligations if and to the extent that the
impossibility or delay is due to circumstances
circumstances caused by the buyer, in particular
that he has failed to fulfil his obligations under public law in
in connection with the European Regulation (EC) No.
1907/2006 (REACH Regulation) as amended from time to time.
as amended from time to time.

§ 4 Dispatch and acceptance
a) The risks of transport from the place of delivery shall always be borne by the
shall always be borne by the Buyer, even in the case of carriage paid
deliveries free domicile.
b) If the Buyer collects the goods at the place of delivery, he or his authorised
or his authorised representative must load the vehicle and comply with the
legal regulations, in particular with regard to the
transport of dangerous goods.
c) The buyer is responsible for unloading and storing the goods in any case.
responsible for unloading and storing the goods.
d) In the case of deliveries in tankers and demountable tanks, the
shall ensure that the technical condition of his tanks or other
tanks or other storage containers and to ensure that the filling
the connection of the filling lines to its reception system
own responsibility and, if necessary, to oblige the
recipient accordingly. Our
obligation is limited to the operation of the
vehicle’s own equipment.
e) Insofar as our employees assist in the cases of the above
b) to d) above, our employees assist with unloading or refuelling
unloading or refuelling, they act at the sole risk of the buyer and
not as our vicarious agents. Costs arising from standing and
waiting times shall be borne by the buyer.

§ 5 Packaging
a) If we deliver in returnable packaging, this must be
within 30 days of arrival at the buyer’s premises
the buyer in an empty, flawless condition at the buyer’s
the Buyer’s account and at the Buyer’s risk
or, if applicable, returned free to our vehicle against
against confirmation of receipt.
b) If the buyer does not fulfil the obligation mentioned under a)
a), we shall be entitled to charge a reasonable fee for the period exceeding 30
charge an appropriate fee for the period exceeding 30 days
and, after unsuccessfully setting a deadline for the return of the goods
the return of the goods, taking into account the
replacement price, taking into account the aforementioned fee.
c) Markings affixed to packaging may not be removed.
be removed. Returnable packaging may neither be exchanged nor
be refilled. The buyer bears the risk of
depreciation, mixing up and loss.
The receipt of the goods at our premises is decisive. The
use of the returnable packaging as a storage container or its
to third parties is not permitted, unless this has been previously
agreed in writing (§ 1a, sentence 5).
d) The Buyer must empty tank wagons on its own responsibility
empty them immediately and return them to us or to the address
address in proper condition.
If he is in default with the return shipment, the costs of the
costs of the tank wagon caused by the delay shall be
at his expense.

§ 6 Retention of title
a) Ownership of the goods (goods subject to retention of title) shall not pass
payment in full of the purchase price and all other claims
claims, including future claims arising from the business
business relationship with us are transferred to the buyer. This shall apply
shall also apply if payments are made for specially
claims are made. In the case of a current account
reserved ownership shall be deemed to be security for our
balance claim.
b) As long as the buyer duly fulfils his obligations to us
properly fulfils his obligations to us, he is entitled to use the
goods subject to retention of title in the normal course of business
condition that his claims from the resale are
resale are transferred to us in accordance with e).
c) If the buyer does not fulfil his payment obligations even after
payment obligations even after setting a grace period, we shall be entitled to
further grace period and without notice of cancellation, we shall be
demand the return of the reserved goods. For the purpose of
the buyer’s premises for the purpose of repossession.
to enter the buyer’s premises.
d) Any treatment or processing of the goods subject to retention of title shall be
for us without any obligation on our part. We shall be deemed the manufacturer within the meaning of § 950 BGB.
§ 950 BGB and acquire ownership of the intermediate and final
products in the ratio of the invoice value of our
reserved goods to the invoice value of third-party goods;
the buyer shall hold them in trust for us and free of charge.
free of charge. The same shall apply in the event of
mixing within the meaning of §§ 947, 948 BGB of reserved goods
with third-party goods.
e) The buyer hereby assigns the claims against third parties arising from the
claims against third parties arising from the resale of the
to us as security for all our claims. If the buyer sells
goods in which we have proportionate ownership in accordance with letter d)
ownership, he shall assign to us the claims against the third
third parties for the corresponding partial amount. If the
uses the goods subject to retention of title within the framework of a
similar contract, he assigns the corresponding claim to us.
to us.
f) In the ordinary course of business, the buyer is authorised to
authorised to collect the claims arising from the further use
of the goods subject to retention of title. If we become aware of facts
become known to us which indicate a
deterioration of the purchaser’s assets, the purchaser shall
buyer shall, at our request, inform his customers of the assignment
the assignment to his customers, refrain from any disposal of the
disposal of the claims, provide us with all necessary information
about the stock of the goods in our ownership and
goods owned by us and the claims assigned to us
and to hand over the documents required to assert the assigned claims.
assigned claims. Access by third parties to the
goods subject to retention of title and the assigned claims must be
immediately.
g) If the value of the securities to which we are entitled exceeds the total
total claim against the buyer by more than 50 %, we are
we shall be obliged to release securities of our choice at the buyer’s request.
securities of our choice.

§ 7 Liability for material defects
a) The internal and external characteristics of the goods
goods are determined according to the agreed
specifications, in the absence of such according to our
product descriptions, labelling and specifications
specifications, in the absence of such according to
trade usage. References to standards and similar
regulations, information in safety data sheets, information on the
on the usability of the goods and statements in
advertising material are not assurances or guarantees,
nor are declarations of conformity. In particular
relevant identified uses according to the
REACH Regulation (EC) No. 1907/2006 do not constitute an
agreement of a corresponding contractual
contractual condition nor a use assumed under the contract.
use according to the contract.
b) If we advise the Buyer verbally, in writing or by means of tests
this is done to the best of our knowledge, but without
liability for us, and does not release the buyer from the obligation to
own examination of the delivered goods for their suitability for the intended
intended processes and purposes.
c) For the inspection of the goods and notification of defects
the statutory provisions such as § 377 HGB (German Commercial Code) apply with the
the proviso that the buyer must notify us of defects in the goods
in writing (§ 1a, sentence 5). If the goods are delivered in
delivered in packages, the buyer must also label each
the labelling of each individual package for conformity with the
the labelling of each individual package for conformity with the order.
Furthermore, before refuelling, he shall take samples
sampling in accordance with customary commercial practice
quality of the goods in accordance with the contract.
d) In the event of a justified, timely notification of defects, we may, at our
choose whether to rectify the defect or to deliver defect-free
goods (subsequent fulfilment). In the event of failure or
refusal of subsequent fulfilment, the buyer is entitled to
statutory rights. If the defect is not substantial
and/or if the goods have already been sold, processed or
processed or remodelled, he shall only be entitled to a reduction in price.
e) Further claims are excluded in accordance with § 8
excluded. This applies in particular to claims for
compensation for damage not caused to the goods themselves
the goods themselves (consequential damages).

§ 8 General limitation of liability and limitation period
a) For breach of contractual and non-contractual obligations
obligations, in particular due to impossibility, delay
contract initiation and unauthorised action
tort, we shall be liable – also for our executive
employees and other vicarious agents – only in cases of intent and
cases of wilful intent and gross negligence, limited to the
foreseeable at the time of the conclusion of the contract.
damage typical for the contract. Otherwise, our liability, including for defects and
consequential damages, is excluded.
b) These limitations shall not apply in the event of culpable
breach of essential contractual obligations, insofar as the
the achievement of the purpose of the contract is jeopardised, in cases
our liability under the Product Liability Act, in the event of
injury to life, limb or health
and also not if and to the extent that we have fraudulently concealed
fraudulently concealed or guaranteed their absence.
their absence. The rules on the burden of proof shall remain
remain unaffected.
c) Unless otherwise agreed, contractual claims which the buyer
claims which the buyer has against us on the occasion of and in
in connection with the delivery of the goods and our
services, one year after delivery of the goods.
of the goods. This shall not affect our liability arising from
wilful and grossly negligent breaches of duty,
culpably caused damage to life, limb and health.
body and health.

§ 9 REACH
If the purchaser notifies us of a use in accordance with Article 37.2
of Regulation (EC) No 1907/2006 of the European Parliament and
Parliament and of the Council concerning the Registration, Evaluation, Authorisation and
Authorisation and Restriction of Chemicals (REACH Regulation)
that requires an update of the registration
the registration or the chemical safety report or which
or which triggers another obligation under the REACH Regulation
Regulation, the Buyer shall bear all demonstrable
expenses. We shall not be liable for delays in delivery caused
caused by the notification of this use and the fulfilment
fulfilment by us of the corresponding obligations under the REACH
by us. Should it not be possible for reasons of
reasons of health or environmental protection, it is not possible to include this
to include this use as an identified use and
and should the buyer intend, contrary to our advice
use the goods in the manner we have advised against, we may
we have advised against, we may cancel the contract. Any
rights against us from the above rules.
the above rules.

§ 10 Place of jurisdiction, applicable law, severability clause
a) The place of jurisdiction is, at our discretion, our
head office.
b) The law of the Federal Republic of Germany shall apply to the
the UN Convention on Contracts for the International Sale of
(United Nations Convention on Contracts for the
Contracts for the International Sale of Goods CISG of 11 April 1980).
April 1980).
c) Should any of the above clauses be or become invalid
or become invalid, the invalid provisions shall be replaced by such
invalid provisions shall be replaced by such
economic purpose of the contract with reasonable
the economic purpose of the contract while reasonably safeguarding the
come closest.

Buende, 27 November 2016