GENERAL TERMS AND CONDITIONS OF SERVICE, SALE AND DELIVERY

I. Content of the contract, scope of application, offer
1. All deliveries and services of Ampco Pumps GmbH are made exclusively on the basis of the General Terms and Conditions of Performance, Sale and Delivery of Ampco Pumps GmbH described here. Deviating terms and conditions of the Client shall not be recognised by Ampco Pumps GmbH unless Ampco Pumps GmbH has expressly agreed to their validity in writing. These General Terms and Conditions of Performance, Sale and Delivery of Ampco Pumps GmbH shall also apply if Ampco Pumps GmbH executes the delivery to the Client without reservation in knowledge of the Client’s terms and conditions that conflict with or deviate from these Terms and Conditions.
2. These terms and conditions apply to all services of Ampco Pumps GmbH, regardless of the legal nature of the contract on which the service is based. They therefore apply to purchase contracts as well as to contracts for work, contracts for the supply of work and for combined contracts.
3. Individual agreements on the rights and obligations of the contracting parties take precedence over these Terms.
4. All agreements made between Ampco Pumps GmbH and the Client for the purpose of executing the contract must be recorded in writing.
5. These terms and conditions only apply to entrepreneurs, legal entities under public law and special funds under public law (in each case within the meaning of § 310 BGB).
6. These terms and conditions shall also apply to all future transactions between Ampco Pumps GmbH and the Client.
7. If the order qualifies as an offer according to § 145 BGB, Ampco Pumps GmbH can accept it within four weeks of receipt.

II. Documents, preparatory work, trade secrets
1. Ampco Pumps GmbH reserves all rights, in particular the right of ownership and copyright, to cost estimates, calculations, plans, illustrations, design work¬, preliminary work, drawings and other documents. They may only be made available to third parties with the written consent of Ampco Pumps GmbH. Ampco Pumps GmbH may only make documents designated as confidential by the Client accessible to third parties with the Client’s written consent. Documents transmitted by Ampco Pumps GmbH may only be used for the preparation of the conclusion of the contract and thereafter only for the execution of the contract. Any further use is prohibited.
2. The Client may not disclose to third parties trade secrets of Ampco Pumps GmbH and Ampco Pumps GmbH (within the meaning of Section 15 of the German Stock Corporation Act) of affiliated companies that have become known to him. Ampco Pumps GmbH may not disclose to third parties trade secrets of the client and its affiliated companies (within the meaning of § 15 of the German Stock Corporation Act) that have become known to Ampco Pumps GmbH.
3. Both Ampco Pumps GmbH and the Client are obliged to ensure in an appropriate manner that their bodies and employees also comply with the obligations listed above.

III. Delivery time, force majeure, delay, acceptance
1. The delivery period begins with the dispatch of the order confirmation and clarification of all technical questions, but not before the production of the plans, documents, permits, approvals, permits to be procured by the customer and before receipt of an agreed down payment.
2. The performance owed by Ampco Pumps GmbH shall be deemed to have been performed in good time if the subject matter of the contract has been properly dispatched by the expiry of the delivery period or if the Client has been notified of the readiness for dispatch.
3. Disruptions in performance caused by force majeure do not give rise to any claims (in particular no claims for contractual¬penalties or damages) against Ampco Pumps GmbH. Force majeure is defined as any unforeseeable event or such events which, even if foreseeable, are beyond the control of Ampco Pumps GmbH and the effects of which cannot be prevented by reasonable efforts on the part of Ampco Pumps GmbH. These include, but are not limited to, delayed performance by subcontractors/suppliers, war (declared or not), war-like condition, riot, revolution, rebellion, military or civil coup, insurrection, riot, riot, blockade, embargo, government order, sabotage, strikes, slow strikes, lockouts, epidemics, fire, floods, storm surges, typhoons or other severe weather, general shortage of materials, shipwreck, lack of port and unloading capacity, transport-related Delays, unavailability of required vessel space, proper change/replacement of forwarder and/or carrier and/or shipowner and/or other commercial transport companies, transport accidents, earthquakes, radioactive accidents, physical or artificial obstacles of any kind on the construction site/production site.
4. In all cases of hindrances for which Ampco Pumps GmbH is not responsible, regardless of the kind, Ampco Pumps GmbH is entitled to demand an appropriate extension of the delivery periods and additional payments from the customer to compensate for additional services and/or costs.
5. If dispatch is delayed at the request of the Client, the Client shall reimburse the costs actually incurred by the storage of the object of the contract. In the event of storage in a company of Ampco Pumps GmbH, the latter is entitled to demand a flat-rate minimum amount of 0.5% of the agreed price for each month as compensation for the additional costs. The proof of higher (by Ampco Pumps GmbH) or lower (by the client) costs is not excluded by this regulation.
6. Number 5 shall also apply to any other case of default of acceptance by the contracting authority¬. If the Client is in default of acceptance or violates other obligations to cooperate, the risk of an accidental loss or accidental deterioration of the subject matter of the contract shall also pass to the Client at the time when the latter is in default of acceptance.
7. Further rights of Ampco Pumps GmbH are not excluded by this agreement.
8. Compliance with the delivery deadline presupposes the timely and proper fulfilment of the Client’s contractual obligations.
9. Partial deliveries by Ampco Pumps GmbH can only be rejected if they cannot be reasonably expected of the customer.
10. Insofar as acceptance is to take place, the subject matter of the contract shall be deemed to have been accepted if:
10.1. the delivery and, if Ampco Pumps GmbH is also responsible for the installation, the installation has been completed,
10.2. Ampco Pumps GmbH has informed the Client of this with reference to the deemed acceptance pursuant to this number 10 and has requested the Client to accept,
10.3. two weeks have passed since the delivery or installation or the Client has started using the purchased item (e.g. has put the delivered system into operation) and in this case one week has passed since delivery or installation, and
10.4. the Client has failed to accept the goods within this period for a reason other than a defect notified to Ampco Pumps GmbH that makes the use of the goods impossible or significantly impairs.

IV. Price, transport packaging, payment, price adjustment
1. The agreed prices are ex-works. The shipping costs, including the costs of packaging, loading, stowage and unloading, shall be borne by the Client. In addition to the prices, the VAT in force at the time of delivery is added.
2. Insofar as Ampco Pumps GmbH is obliged under the Packaging Ordinance to take back the packaging used for transport, the Client shall bear the costs for the return transport of the packaging used and the reasonable costs of its recycling. If the returned packaging cannot be reused, the Client shall bear the costs incurred by Ampco Pumps GmbH for its material recycling. In addition, the Client may have to pay the customs duties, customs clearance costs, taxes and duties incurred as a result of the return of the transport packaging.
3. Transport containers are not the subject of the contract and are not considered packaging. They remain the property of Ampco Pumps GmbH. They are to be imported, re-exported and returned to Ampco Pumps GmbH by the Client at the Client’s expense (transport costs, customs duties, customs clearance costs, taxes and duties) and risk.
4. Tools, surplus material, welding gas cylinders and other aids are not the subject of the contract. They remain the property of Ampco Pumps GmbH. They are to be imported, re-exported and returned to Ampco Pumps GmbH by the Client at the Client’s expense (transport costs, customs duties, customs clearance costs, taxes and duties) and risk.
5. The agreed price is to be credited by the Client at his own risk and expense to one of the bank accounts specified by Ampco Pumps GmbH, without any deduction.
6. Ampco Pumps GmbH is entitled to interest on due dates and arrears in accordance with the statutory provisions. This does not affect the possibility of asserting further damages and rights of Ampco Pumps GmbH.
7. The Client shall only be entitled to rights of set-off and retention if his counterclaims have been legally established, are undisputed or recognised by Ampco Pumps GmbH and their assertion has been notified to Ampco Pumps GmbH at least one month in advance.
8. If, after the conclusion of the contract, Ampco Pumps GmbH becomes aware of circumstances that give rise to doubts about the creditworthiness of the client, Ampco Pumps GmbH may, at its discretion, demand advance payment or suitable security.
9. Ampco Pumps GmbH is entitled to increase the agreed price appropriately if cost increases occur after the conclusion of the contract, in particular due to collective bargaining agreements, material price increases or the increase in transport and packaging costs. Ampco Pumps GmbH will provide proof of this to the Client upon request.
10. Ampco Pumps GmbH is entitled to increase the agreed price appropriately if, after the conclusion of the contract, the Client wishes to make changes to the subject matter of the contract and these result in additional expenses. Ampco Pumps GmbH will provide the Client with proof of the additional expenditure upon request.

V. Transfer of risk, transport damage, insurance
1. The risk of accidental loss and accidental deterioration of the subject matter of the contract shall pass to the Client upon handing over the object of the contract to the first carrier.
This also applies if partial deliveries are made or if Ampco Pumps GmbH has assumed further costs, e.g. the shipping costs, or other services, e.g. transport, installation or assembly of the contractual object itself.
2. If the subject matter of the contract or parts thereof are ready for dispatch and the dispatch or handover is delayed for reasons caused by the Client, the risk of accidental loss and accidental deterioration shall pass to the Client from the day of readiness for dispatch.
3. If Ampco Pumps GmbH arranges for the transport of the object of the contract and if transport damage or a transport-related material defect occurs on it after it has been handed over to the carrier, Ampco Pumps GmbH shall assign any resulting claims against the transport insurance(s) and the carriers to the customer at the request of the customer – to the exclusion of liability for the existence of these claims, Step by step against payment of the total price agreed for the subject matter of the contract and all costs owed. Further claims against Ampco Pumps GmbH due to transport damage or transport-related material defects are excluded. This also applies if the subject matter of the contract includes assembly services or the construction of a turnkey plant.
4. Limitation periods under transport law and maritime law, limitation periods, exclusions of liability and limitations of liability in favour of the (natural and legal) persons entrusted with the transport/loading/unloading/storage of the subject matter of the contract in the relationship between them and Ampco Pumps GmbH, shall apply equally to corresponding circumstances in the contractual relationship between the client/Ampco Pumps GmbH in favour of Ampco Pumps GmbH.
5. The Client undertakes to inspect the subject matter of the contract for damage immediately upon unloading at the port of destination and, in the event of the existence or suspicion of damage, to acknowledge receipt only with reservations and to notify Ampco Pumps GmbH of the damage immediately. In the event of non-compliance with the aforementioned obligations, the obligation to pay the transport insurance(s) does not apply. If the obligation to pay the transport insurance(s) ceases to apply for the aforementioned reason, the liability of Ampco Pumps GmbH for such damages covered by the exclusion of liability of the transport insurance(s) also ceases to apply.

VI. Retention of title and securities
1. Ampco Pumps GmbH retains ownership of the subject matter of the contract until the irrevocable, unconditional receipt of all payments owed by the Client. Until this date, the Client shall not be entitled to encumber or resell the subject matter of the contract with a security interest (e.g. security property, lien, mortgage, land charge, etc.). In the event that the law applicable at the place of installation (lex rei sitae) does not know the means of security “retention of title”, the means of security that comes closest to a “retention of title” according to the law applicable at the place of installation or the means of security that represents the typical means of security (e.g. “lien” or “security interest, attached and perfected”) according to this law is agreed instead. The Client is obliged to cooperate (in particular to make declarations of intent) that are necessary under the law applicable at the installation site for the agreement and establishment of a fully effective retention of title or a fully effective other means of security.
2. In the event of seizures, seizures or other measures taken by third parties in relation to the subject matter of the contract, the Client must point out the ownership of Ampco Pumps GmbH and notify Ampco Pumps GmbH immediately in writing – handing over the documents necessary for an intervention – so that Ampco Pumps GmbH can enforce its property rights.
3. As long as Ampco Pumps GmbH has rights of the kind referred to in number 1 to the subject matter of the contract, Ampco Pumps GmbH shall be entitled to take back the delivered subject matter of the contract after a reasonable period of time has been set in the event of breaches of duty by the Client, in particular in the event of endangerment of Ampco Pumps GmbH’s property in the subject matter of the contract, in the event of improper treatment of the delivered object of the contract by the Client or in the event of default of payment by the Client. The transport costs incurred for the return shall be borne by the Client. If Ampco Pumps GmbH withdraws the subject matter of the contract, this constitutes a withdrawal from the contract. If the Client does not comply with the reclaim, personnel of Ampco Pumps GmbH shall hereby be entitled to enter the Client’s installation site (or construction site/production facility) in the required number, to dismantle the delivered object of the contract and to take it with them; all costs incurred for this purpose shall be borne by the Client. The seizure of the subject matter of the contract¬by Ampco Pumps GmbH always constitutes a withdrawal from the contract.
4. Ampco Pumps GmbH is entitled to recycle the object of the contract after it has been taken back, and the proceeds of the sale are to be offset against the liabilities of the client – less reasonable exploitation costs.
5. The Client must treat the subject matter of the contract with care during the ownership¬and insure it at its own expense against fire, water and theft damage sufficiently at its replacement value. If maintenance and inspection work becomes necessary, the Client must carry it out in good time at its own expense.
6. The processing or transformation of the subject matter of the contract by the customer is always carried out for Ampco Pumps GmbH. If the subject matter of the contract is processed with other items that do not belong to Ampco Pumps GmbH, Ampco Pumps GmbH acquires co-ownership of the new item in the ratio of the value of the object of the contract (invoice amount) to the other processed items at the time of processing. Incidentally, the same applies to the object resulting from processing as to the subject matter of the contract delivered under reservation.
7. If the subject matter of the contract is inseparably connected or mixed with other objects not belonging to Ampco Pumps GmbH, Ampco Pumps GmbH acquires ownership of the new item in proportion to the value of the object of the contract (invoice amount) to the other combined or mixed items at the time of the combination or mixing. If the combination or mixing takes place in such a way that the Client’s property is to be regarded as the main action, it shall be deemed to have been agreed that the Client shall transfer co-ownership to Ampco Pumps GmbH on a pro rata basis. The Client shall hold the sole ownership or co-ownership thus created for Ampco Pumps GmbH.
8. In order to secure the claims of Ampco Pumps GmbH against the Client, the Client shall also assign to Ampco Pumps GmbH the claims which the Client accrues against a third party as a result of the connection of the subject matter of the contract with a piece of land.
9. Ampco Pumps GmbH undertakes to release the securities to which it is entitled at the request of the Client to the extent that the value of the realizable securities of Ampco Pumps GmbH exceeds the claims to be secured by more than 20%; the selection of the securities to be released is the responsibility of Ampco Pumps GmbH.

VII. Rights of the Client in the event of defects
1. Ampco Pumps GmbH shall be liable to the Client for ensuring that the subject matter of the contract is free of material defects and defects of title at the time at which the risk passes to the Client. Insignificant deviations from the agreed quality do not constitute a defect. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components by equivalent parts, are also permissible, provided that they do not impair the usability for the contractually intended purpose.
2. Ampco Pumps GmbH is not liable for defects or damages caused by the following reasons:
Defects that are based on constructions specified or specified by the Client or on materials specified, determined or provided by the Client, including sample materials, or on other provisions provided by the Client.
Defects or damage that occur after the transfer of risk as a result of incorrect or negligent handling, operation by untrained personnel, excessive stress, unsuitable equipment, defective construction work, unsuitable building ground or that occur due to special external influences that are not required by the contract, as well as in the case of non-reproducible software errors.
If improper modifications or repair work are carried out by the client or by third parties, any liability of Ampco Pumps GmbH is excluded for these and the resulting consequences.
3. Ampco Pumps GmbH is also not liable for wear parts (definition to follow) of the subject matter of the contract. Wear is the progressive loss of material from the surface of a solid body, caused by mechanical causes, i.e. contact and relative motion of a solid, liquid or gaseous counterbody.
Wear part is a part that is used in places where wear and tear is unavoidable due to operational reasons in order to protect other viewing units from wear and tear and is designed to be replaced.
4. Due to a defect in the subject matter of the contract, which, taking into account numbers 1 to 3 above, gives rise to corresponding claims for defects by the Client, the Client shall initially only have the right to subsequent performance within a reasonable period of time, whereby Ampco Pumps GmbH may choose at its equitable discretion between remedy of defects or replacement delivery. If claims for defects are based on the fact that Ampco Pumps GmbH has fraudulently concealed a defect or has assumed a guarantee for the quality of the object of the contract, the Client shall have the right to choose between remedy the defect or replacement delivery. The expenses required for the purpose of supplementary performance will be borne by Ampco Pumps GmbH. Replaced parts become the property of Ampco Pumps GmbH.
5. Unless the defect requires repair at the installation site, the customer must send the defective parts to Ampco Pumps GmbH for repair or replacement delivery upon request by Ampco Pumps GmbH and at the expense of Ampco Pumps GmbH.
In such a case, the obligation of subsequent performance of the Ampco Pumps GmbH with regard to the defective part, if Ampco Pumps GmbH returns the properly repaired part to the customer at its own expense or sends a corresponding spare part.
Claims by the Client on account of the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, shall be excluded to the extent that the expenditure increases because the object of the delivery has subsequently been moved to a place other than the Client’s establishment, unless the transfer corresponds to its intended use.
6. If the defective part is a product delivered by a third party, the liability of Ampco Pumps GmbH is initially limited to the assignment of the liability claims to which Ampco Pumps GmbH is entitled against the third party. Only after a prior legal claim against the third party by the Client shall the personal liability of Ampco Pumps GmbH be revived. This limitation of liability does not apply if the liability of Ampco Pumps GmbH is based on the fact that Ampco Pumps GmbH has fraudulently concealed a defect or has assumed a guarantee for the quality of the product supplied by the third party.
7. The Client is obliged to inspect the subject matter of the contract immediately upon receipt and to notify Ampco Pumps GmbH of any recognisable defects without delay. This obligation to notify immediately also applies if a defect becomes apparent later. The fact that Ampco Pumps Company is certified according to ISO 9001 does not release the customer from his obligation to inspect and complain in accordance with § 377 HGB. If the Client fails to notify the Client, the subject matter of the contract shall also be deemed to have been approved with regard to the defect.
8. If the Client does not accept the supplementary performance offered by Ampco Pumps GmbH in accordance with the contract, Ampco Pumps GmbH shall be released from liability with regard to the defect complained of after the setting and fruitless expiry of a grace period.
9. In the event of failure of subsequent performance, the Client shall be entitled to assert its other claims for defects in compliance with the contractually agreed conditions, including those resulting from the present General Terms and Conditions of Performance, Sale and Delivery of Ampco Pumps GmbH. In particular, a failure of supplementary performance shall occur if Ampco Pumps GmbH allows a reasonable period of time set by the Client for subsequent performance to elapse without success, or if Ampco Pumps GmbH unduly delays or refuses subsequent performance, or if a reasonable number of attempts at subsequent performance have not been successful.
10. Ampco Pumps GmbH may refuse to remedy the defect if the customer does not meet the agreed payment obligations. The Client may only withhold payments on the merits if a notice of defects is asserted, the justification of which can be beyond doubt. The amount of this right of retention is limited to four times the costs required to remedy the defect. If the Client asserts a claim for defects and it subsequently turns out, in particular after a corresponding investigation by Ampco Pumps GmbH, that the claim for defects asserted by the Client does not exist for factual or legal reasons, Ampco Pumps GmbH shall be entitled to appropriate remuneration and reimbursement of all expenses for its services, in particular in connection with the inspection.
11. For claims for damages, the following limitations, modifications and exclusions in accordance with Section VIII apply.

VIII. Limitation or exclusion of liability of Ampco Pumps GmbH
1. The Client is obliged to carefully observe both the instructions for use and operation¬as well as the safety instructions of Ampco Pumps GmbH. In particular, the Client must follow the instructions of Ampco Pumps GmbH on how the subject matter of the contract is to be used risk-free, which precautionary measures are to be taken regularly and in individual cases and which misuse is to be avoided. If the Client violates this obligation, Ampco Pumps GmbH shall not be liable for the resulting damage.
2. The limitation of the liability of Ampco Pumps GmbH in the event of defect damage and consequential damage:
Ampco Pumps GmbH is not liable for defect damages (including damages due to loss of profit) and not for consequential damages, regardless of the legal grounds. This exclusion of liability does not apply to claims by the Client for compensation for damages based on gross negligence (intent/gross negligence).
3. The limitation of liability of Ampco Pumps GmbH in the event of simple/slight negligence:
Any claims by the client for compensation for damages, regardless of the legal grounds, which are not based on gross negligence (intent/gross negligence) on the part of Ampco Pumps GmbH, are excluded, provided that the damages are not due to the existence of a defect or to a breach of essential contractual obligations, the fulfilment of which is due to the proper execution of the contract.¬performance of the contract in the first place and on the compliance with which the client regularly relies and may rely (so-called “cardinal obligations”).
4. The limitation of the liability of Ampco Pumps GmbH in the event of damages that are not typically foreseeable:
Any claims by the Client for compensation for damages, regardless of the legal grounds, which are not based on gross negligence (intent/gross negligence) on the part of Ampco Pumps GmbH, shall be limited in amount to the compensation of the damage, unless these are already excluded in accordance with the limitation of the liability of Ampco Pumps GmbH in the case of defect damage and consequential damage (number 2) and in the case of simple slight negligence (number 3). Ampco Pumps GmbH at the time of conclusion of the contract, taking into account the circumstances surrounding the Ampco Pumps GmbH knew or should have known, as a possible consequence of the breach of duty and/or contract¬injury (typically foreseeable damage).
5. The limitation of Ampco Pumps GmbH’s liability in the event of a failure to perform:
If the Client asserts a claim for damages against Ampco Pumps GmbH due to a breach of duty or in lieu of performance and if this is not based on gross negligence (intent/gross negligence), this claim for damages is not already excluded in accordance with the limitations of liability in favour of Ampco Pumps GmbH with regard to defect damage and consequential damage (number 2) and in the case of simple slight negligence (number 3) Beyond the limitation of liability of Ampco Pumps GmbH to the typically foreseeable damage (number 4), the amount is limited to a maximum of 10% of the agreed price. A disruption of performance occurs if obstacles arise in the execution of the contractual relationship that make it difficult or impossible to properly fulfil contractual obligations, or if one party to the contract is damaged by the other.
6. The limitation of Ampco Pumps GmbH’s liability in the event of damage caused by delay:
The above limitations of liability for the benefit of the Ampco Pumps GmbH with regard to defect damages and consequential damages (number 2), in the case of simple slight negligence (number 3), damages that are not typically foreseeable (number 4) and disruptions to performance (number 5), shall also apply to claims of the Client against Ampco Pumps GmbH for compensation for damage caused by delay, provided that this is not based on gross negligence (intent/gross negligence). In addition, claims for damages by the Client due to delay in delivery as well as claims for damages in lieu of delivery, in all cases of delayed delivery, even after the expiry of any deadline set by Ampco Pumps GmbH for delivery, shall be limited in amount to 0.5% for each completed week of delay, but in total to a maximum of 5% of the price for that part of the deliveries, which could not be put into proper operation due to the delay.
7. The limitation of Ampco Pumps GmbH’s liability for its vicarious agents:
Any liability for vicarious agents (§ 278 BGB) of Ampco Pumps GmbH, regardless of the legal grounds, is excluded, unless contractual obligations have been violated by gross negligence (intent/gross negligence) of the vicarious agent, the fulfilment of which makes the proper execution of the contract possible in the first place. In no event shall the liability of Ampco Pumps GmbH for a vicarious agent exceed the liability of Ampco Pumps GmbH for its own negligence, as it arises taking into account the limitations of liability listed above. According to Section 278 of the German Civil Code, a vicarious agent is a natural or legal person whom the debtor uses to meet his obligations.
8. The Client’s withdrawal from the contract due to non-performance or non-contractual performance by Ampco Pumps GmbH is excluded. This does not apply if Ampco Pumps GmbH has not provided its services in accordance with the contract intentionally or through gross negligence.
9. The above limitations of liability (numbers 1 to 8) do not apply to claims of the Client due to intentional or grossly negligent conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
10. If the carrier is determined by the customer, Ampco Pumps GmbH shall not be liable for costs arising from additional safety inspections or for time delays resulting from the requirements of the German Aviation Security¬Act and the EU Regulations (EC) No. 300/2008, (EC) No. 272/2009, (EU) 2015/1998 in their respective valid versions, as well as all other current national and international legal provisions. The Client shall indemnify Ampco Pumps GmbH against all costs and damages on first request, which result from additional safety checks and the resulting time delays.

IX. Prescription
1. If claims for defects are subject to a limitation period of two years under the law (e.g. § 438 para. 1 no. 3 BGB; § 634a para. 1 no. 1 BGB), this limitation period is reduced to one year. Excluded from this shortening of the limitation period are claims for defects by the client due to the assumption of a guarantee for the quality. The limitation period begins with the delivery of the object of the contract and, in the case of an installation obligation on the part of Ampco Pumps GmbH, with the completion of the installation. If the Client is in default of acceptance, the limitation period begins with the occurrence of the default of acceptance.
2. Recourse claims in the supply chain pursuant to Section 445b (1) of the German Civil Code (BGB) shall become statute-barred one year after delivery of the item by Ampco Pumps GmbH to the Client. The suspension of expiry under § 445b.2 of the Civil Code remains unaffected; it ends no later than five years after delivery.
3. In all other respects, the statutory limitation periods apply.

X. Software
Insofar as Ampco Pumps GmbH makes software available to the Client, the following shall apply:
1. Ampco Pumps GmbH grants the Client a non-exclusive right of use to the software provided in accordance with § 31 (2) of the Copyright Act. Section 31 (2) of the Copyright Act reads: “The non-exclusive right of use entitles the owner to use the work alongside the author or other entitled persons in the manner permitted to him.” Ampco Pumps GmbH remains the sole owner of all intellectual property rights with regard to the software at all times.
2. The Client shall be entitled to use the software provided to him only on the subject matter of the contract.
3. The Client has no claim to the transfer of the source program/source code.
4. The Client shall be entitled to use the provided software for an indefinite period of time for the entire economic life of the object of the contract.
5. The Client is not entitled to transfer its right of use to third parties, in particular the Client is not entitled to distribute, rent, grant sublicenses to third parties or make them available to third parties in any other way. If the Client transfers its business in its entirety to a third party, the Client is entitled to transfer the granted right of use to the third party. If the customer sells the delivery item in its entirety to a third party in the normal course of business and this third party is not a competitor of Ampco Pumps GmbH, Ampco Pumps GmbH is obliged to agree to a transfer of the granted right of use upon request, unless Ampco Pumps GmbH substantiates that there is a risk that competitors of Ampco Pumps GmbH will become aware of secret knowledge (trade secrets) of Ampco Pumps GmbH.
6. The Client’s right of use is not exclusive. Ampco Pumps GmbH is entitled to grant any number of other customers rights of use of any kind with regard to the software provided.
7. The Client may not make the software available or accessible to any third party, except for its employees, not even temporarily or free of charge.
8. The Client may not change the markings, copyright notices and ownership¬of the software provided in any way.
9. The Client may not make a copy of the provided software, except for the creation of a backup copy by a person authorized to use the program, if this is necessary to secure future use. The backup copy may not be used at the same time as the original software.
10. The Client may not reproduce the documentation belonging to the software in whole or in part by photocopying, microfilming, electronic storage or any other process.
11. Disassembly, reverse engineering or decompilation of the software is prohibited and the Client will neither initiate nor permit this, unless the requirements of § 69e of the Copyright Act are met.
12. All ownership, copyright and other industrial property rights to the software, updates and documentation are owned by Ampco Pumps GmbH. The same applies to changes and translations of the programs.
13. Ampco Pumps GmbH is entitled to carry out necessary software changes at its own expense on the basis of third-party claims of property rights at the Client. The client cannot derive any claims from this.

XI. Export and import controls, embargo regulations
1. The subject matter of the contract may be subject to export and import restrictions, in particular there may be licensing requirements or the use of the object of the contract abroad may be subject to restrictions. In¬this respect, the Client undertakes to comply with the applicable legal provisions relating to export controls and sanctions lists of the Federal Republic of Germany, the EU and the USA as well as all other relevant regulations. This includes, in particular, the relevant¬ embargo regulations relating to goods, persons and use. These provisions only apply to the extent that they do not contradict the applicable German foreign trade law, the European Blocking Regulation (e.g. § 7 AWV and Art. 5.1 (EC) 2271/96) or national legal bases applicable to the contracting authority.
2. The fulfilment of the contract by Ampco Pumps GmbH is subject to the proviso that there are no obstacles due to national and/or international regulations of export and import law or any other statutory provisions.
3. The resale and/or transfer of the object of the contract, directly or indirectly, to Russia or Belarus is generally prohibited and can only be permitted after a case-by-case examination by Ampco Pumps GmbH .
4. Client further confirms that at this time (a) it has no knowledge of future uses of the subject matter of the Agreement by military customers or customers with military end-uses; (b) there is no knowledge of future uses of the subject matter of the treaty in connection with NBC weapons and launchers; (c) there is no knowledge of future uses of the subject matter of the contract in connection with the construction or operation of nuclear facilities; (d) there is no knowledge of future uses of the subject matter of the contract in connection with the violation of human rights or in connection with actions supporting terrorism.
5. Ampco Pumps GmbH reserves the right to require the Client to sign end-user declarations as part of its own compliance checks, insofar as this is required due to business policy decisions of Ampco Pumps GmbH or legal requirements.

XII. Data protection and data use
1. Ampco Pumps GmbH processes personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further information on the handling of customer data at Ampco Pumps GmbH can be found at www.krones.com . The Client is obliged to comply with all applicable data protection regulations.
2. Ampco Pumps GmbH is entitled to collect, store, process and evaluate machine data and duly anonymised personal data¬. This data may be disclosed to the companies affiliated with Ampco Pumps GmbH for the purpose of use for product optimization, performance improvement applications and other services of Ampco Pumps GmbH and/or its affiliates.
3. Ampco Pumps GmbH is entitled to transfer customer data to third parties (including companies affiliated with Ampco Pumps GmbH) if and to the extent that this is necessary to fulfil pre-contractual obligations and to provide contractually agreed deliveries and services (e.g. for shipping, invoicing or customer service) or to comply with legal requirements.

XIII. Place of jurisdiction, applicable law, place of performance, severability clause
1. In the event of all disputes arising out of and in connection with the contractual relationship, the exclusive place of jurisdiction shall be the registered office of Ampco Pumps GmbH if the Client is a domestic merchant, a domestic legal entity under public law or a domestic special fund under public law. For actions against Ampco Pumps GmbH by clients who do not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction is also the registered office of Ampco Pumps GmbH. For lawsuits brought by Ampco Pumps GmbH against clients who do not have a general place of jurisdiction in the Federal Republic of Germany, the additional place of jurisdiction is the registered office of Ampco Pumps GmbH in addition to the statutory places of jurisdiction. Any arbitration agreements made by the parties shall take precedence.
2. With regard to the inclusion of these General Terms and Conditions of Performance, Sale and Delivery of Ampco Pumps GmbH and for all legal relationships arising for the contracting parties and their legal successors from the contract and from any ancillary business and/or follow-up business, only the law of the Federal Republic of Germany shall apply. This choice of law and the above jurisdiction agreement are also subject to the law of the Federal Republic of Germany.
The application of the UN Convention on Contracts for the International Sale of Goods (United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods) is not precluded by the above choice of law.
3. The place of performance is the registered office of Ampco Pumps GmbH.
4. Should the contract or any of the above provisions of these General Terms and Conditions of Service, Sale and Delivery of Ampco Pumps GmbH be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the contracting parties will work together to replace the invalid provision with a legally permissible and effective provision that is suitable for achieving the intended result of the invalid provision. The same applies to the filling of contractual gaps.

Origin of goods (USP): O = goods from third countries 1 = EU origin 2 = EFTA origin