The following General Purchasing Conditions in its original version in German, and will be provided to the Supplier with the first order inquiry they receive from BAHMÜLLER. If the supplier is based in a country other than Germany, the supplier is required to sign these terms and conditions and return them to us within the scope of the first transaction. The supplier can also view, store, and print out the current version of the terms and conditions on the website of Wilhelm Bahmüller Maschinenbau Präzisionswerkzeuge GmbH (hereinafter “BAHMÜLLER” or “we/us”) at any time. Preamble The purpose of these Purchasing Conditions is to establish the overall conditions that apply to a business relationship between the Parties. They apply in their current version to future contracts for the sale and/or delivery of movable goods and/or services, if the supplier is an entrepreneur as defined in Sec. 14 of the German Civil Code (BGB), a legal entity under public law, or a public-law special fund. Sec. 1 – Scope of application; general provisions (1) Terms and conditions of the Supplier that deviate from, conflict with, or supplement these terms and conditions are not binding for BAHMÜLLER unless BAHMÜLLER has expressly consented to their application in writing. This applies even if BAHMÜLLER does not expressly reject the application of terms and conditions of the supplier or if BAHMÜLLER accepts the supplier’s delivery without reservations. All individual written agreements concluded with the supplier in an individual case shall take precedence over these Purchasing Conditions. (2) Legal declarations and notifications that the supplier provides to BAHMÜLLER after the contract is concluded shall require the written form to be valid. (3) Any references to statutory provisions are made for purposes of clarification only. Except where statutory provisions are directly amended or expressly ruled out in these Purchasing Conditions, the latter apply even without such clarification. Sec. 2 – Entry into contract; language of the contract (1) The Supplier is obligated to confirm the order in writing within a term of five (5) business days, or to carry out the order promptly and without reservation. Deliveries for which there is no written order from BAHMÜLLER shall not be accepted. If BAHMÜLLER does not respond to an offer, request or other declaration from the supplier, this may not be considered approval, except for processes for which a deviation has been expressly agreed in writing and where Sec. 362 HGB (German Commercial Code) does not apply. (2) Amended or delayed acceptance by the Supplier shall be considered a new offer, and shall always require acceptance by BAHMÜLLER. The same applies for conditional acceptance of the Supplier, referring to additions, restrictions, or other changes to the content of the contract. (3) The Supplier must promptly inform BAHMÜLLER of obvious errors, such as typos and calculation errors, as well as of incomplete orders or missing order documents, so that BAHMÜLLER can correct the order. If the Supplier does not fulfill this notification obligation, then the contract shall not be considered concluded. (4) The language of the contract is German. The only language available to the Supplier for conclusion of the contract is the German language. Sec. 3 – Delivery; allocation of risk; formal acceptance; delay or default in acceptance (1) Unless otherwise agreed in the individual case, deliveries shall be made “free domicile” (DDP to the destination in accordance with INCOTERMS 2020) to the location indicated in the order. If the destination is not indicated and if not otherwise agreed, the delivery must be made to the headquarters of BAHMÜLLER in Germany, 73655 Plüderhausen, Wilhelm-BAHMÜLLER-Straße 34. The destination is also considered the place of performance. Unless otherwise stipulated, the supplier is entitled to determine the nature of the shipping, particularly with regard to the shipping company or companies, shipping route and manner of shipping, and packaging, as long as the Supplier uses appropriate due diligence. (2) Partial deliveries by the Supplier are only allowed after written approval from BAHMÜLLER. (3) Statutory regulations apply to a default of acceptance by BAHMÜLLER. However, the Supplier must offer its services to BAHMÜLLER expressly if a specific or determinable calendar date has been agreed for an action or cooperation. If BAHMÜLLER is in default of acceptance, the supplier may request reimbursement for its additional expenses in accordance with the law. (4) The carrier must be notified with sufficient clarity upon delivery in accordance with Sec. 438 of the German Commercial Code (HGB) if there has been any loss of goods or outwardly noticeable damage to the goods or if the delivery time limit has been exceeded. BAHMÜLLER will provide the Supplier with a copy of the notification. (5) The Supplier is obligated to inform BAHMÜLLER regarding any approval requirements affecting its goods in accordance with applicable German, European (EU), USA export, customs and foreign trade law, as well as in accordance with the export, customs and foreign trade law of the countries in which its goods originate as soon as possible in writing before the delivery date. The Supplier must provide the following information and data for this purpose: • The export list number in accordance with Annex AL to the German Foreign Trade and Payments Ordinance or comparable list items from relevant export lists; • The “Export Control Classification Number” in accordance with the “U.S. Commerce Control List” (ECCN), if the goods are subject to the “U.S. Export Administration Regulations” (EAR); • The statistical goods number (HS/KN Code); • The country of origin (trade policy/non-preferential origin), key for country of origin designations: D = Third country / E = EU / F = EFTA; • (Long-term) supplier declarations on preferential origin (for EU suppliers) or certificates of preferences (for non-EU suppliers); • All other information and data BAHMÜLLER requires for imports and exports, as well as for further sale of the goods to other purchasers. (6) The Supplier is obligated to inform BAHMÜLLER promptly regarding any changes to the above information and data in written form. If the Supplier violates its obligations as outlined above, it shall bear all expenses and damages as well as other disadvantages (such as subsequent claims for foreign import duties, fees) incurred by BAHMÜLLER in this respect. This does not apply if the Supplier is not responsible for the breach. Sec. 4 – Delivery time; delay in delivery (1) the delivery term indicated by BAHMÜLLER in the order is binding for the Supplier. (2) The Supplier is obligated to inform BAHMÜLLER promptly and in writing if it becomes apparent that it will not be able to comply with the agreed delivery deadline, providing the reasons for this and the likely length of the delay. Partial deliveries are only allowed with prior written approval from BAHMÜLLER. (3) If the Supplier does not perform its services, or does not do so within the agreed delivery term, or if it is default, then the statutory regulations apply - in particular those regarding rescission and compensation for damages. (4) The risk of accidental loss and deterioration of goods shall be transferred to BAHMÜLLER upon handover at the place of performance. If acceptance has been agreed upon, it is decisive for the transfer of risk. (5) The above ((1)-(4)) shall also apply in the following cases supply shortages for which the supplier is not at fault, non-timely and/or incorrect delivery of precursor or preliminary products, obstacles to delivery, including delivery