AGB | DRS general terrms and conditions

4 apply as a security for our respective balance of account. This shall also apply if payments made by the Customer are paid towards specific accounts. The Customer shall be obliged to handle the goods with care. Provided that maintenance and inspection work is necessary, the Customer shall have to carry this out on a regular basis at his own expense. Processing or transformation of the goods subject to reservation of title shall always be carried out for us as the manufacturer, without any obligation accruing to us herefrom. If the goods subject to reservation of title are processed or transformed together with other goods not supplied by us, we shall be entitled to co-ownership of the new thing in proportion to the value of the goods subject to reservation of title to the value of the other processed or transformed goods at the point in time of processing or transformation. In the event that our title to the goods subject to reservation of title expires as a result of them being combined or mixed with other goods not supplied by us, the Customer shall hereby transfer to us here and now his (co)-ownership rights to the new thing or to the mixed stock for the invoiced value of the goods subject to reservation of title and keep this in safekeeping for us. The new thing created as a result of processing, transformation, combining or mixing (hereinafter known as „new thing“) and the (co)-ownership rights of the new thing to be transferred to us in accordance with No 2 of this number shall likewise serve as a security for our account as the goods subject to reservation of title themselves in accordance with Number 1. Provided that there is nothing stated otherwise in the following provision of this number, it shall apply to the new thing accordingly. The Customer may only sell the goods subject to reservation of title in a proper commercial transaction at normal terms and conditions of business and only as long as he fulfils his payment obligations to us on time. For his part, the Customer is obliged to only sell on the goods subject to our reservation of title and subject to his reservation of title as well and to ensure that the account created by such sales transactions can be transferred to us. The Customer’s account created by the resale of the goods subject to a reservation of title is assigned to us here and now. We accept the assignment. The account shall serve as a security to the same extent as the goods subject to reservation of title. If the Customer sells the goods subject to reservation of title together with other goods not supplied by us, the assignment of the account shall consequently only apply for the amount invoiced for the resale of the goods subject to reservation of title. If the goods are sold in accordance with Number 2, or the statutory regulations on combining and mixing the thing to which we have co- ownership, the assignment of the account shall apply for the amount of our co-ownership share. If the Customer enters accounts created by the resale of the goods subject to reservation of title into a current account arrangement existing with his buyers, he shall consequently assign to us a recognised balance of account produced in his favour here and now for the amount equal to the total amount of the claim entered in the current account arrangement for the resale of our goods subject to reservation of title. Given this, the above sub-section shall apply accordingly. The Customer is authorised to collect the account from the resale of the goods subject to reservation of title assigned to us. The Customer is not allowed to assign the account created by the resale, even as part of a true factoring contract. We may revoke the Customer’s collection authorisation at any time if he is in default with, or stops making, his payments to us, his business is passed over to a third party, if the credit rating or level of trust in the Customer’s business drops or if his business is wound up as well as in instances in which the Customer is in breach of his contractual obligations in accordance with Number 3 of this section. In this event the Customer shall be obliged to inform his buyers of accounts that have been assigned by him to us straight away and to hand over to us all the information and documents necessary for us to collect the accounts. Besides which, he shall in this case be obliged to hand over or transfer to us any securities to which he may be entitled for his accounts. If the marketable value of the securities existing for us should exceed our secured accounts by more than 10%, we shall consequently, at the Customer’s request, given this, be obliged to release securities at our choice. The Customer shall be obliged to inform us straight away if a levy of execution or other actual impairment of the goods subject to reservation of title has taken place or if such goods or the other securities existing for us are in jeopardy. The Customer shall undertake to take out adequate insurance cover against fire and theft for the goods subject to reservation of title. He shall assign his claims under the insurance policies to us right here and now. If the Customer’s conduct is in breach of contract, in particular if he is in default with payment or if he is in breach of a duty under this paragraph, we shall be entitled to withdraw from the contract and to demand that the goods subject to reservation of title are handed over to us. In this case the Customer shall declare his consent here and now that he will allow us to take away or to have taken away the goods subject to reservation of title in his possession and – provided that we are the sole owner – the new thing within the meaning of Number 2 of this paragraph. The Customer shall have to grant us or persons granted by us access at any time to carry out the above measures as well as to conduct a general inspection of the goods subject to reservation of title and / or the new thing. Place of fulfilment / Place of jurisdiction / Applicable law he law of the Federal Republic of Germany shall apply. The provisions of the UN CISG shall not apply. The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be 57072 Siegen if the Customer is a registered trader or legal entity under public law or a public-law special fund. We shall also be entitled to sue the Customer at the courts having jurisdiction where his principal place of business is located. This shall also apply if the Customer does not have any general place of jurisdiction in Germany or his place of residence or normal whereabouts at the point in time at which legal action is taken are unknown. The place of fulfilment is 57234Wilnsdorf. Should individual provisions of the contract with the Customer including these General Terms and Conditions of Business, be or become partially or completely invalid, the validity of the remaining provisions shall not be affected as a result. The regulation partially or completely invalid is to be replaced with a regulation whose economic success comes as close as possible to that of the invalid regulation. The transfer of the Customer’s rights and duties under the contract entered into with us shall be subject to our written consent to be valid. We expressly point out that the Customer’s data or of third parties involved will be saved and processed on a computer provided that this is necessary for the contractual relationship to be handled properly. 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 13. 13.2 13.3 13.4 13.1 Dr. Schulze GmbH Bollenberg 10 | D-57234Wilnsdorf Tel. +49 (0) 2737/5953-0 Dr.-Ing. Reiner Schulze | Dr.-Ing. Alexey Levin Amtsgericht: Siegen HRB2959 | UST-ID Nr.: DE811364054 Date 04/2018

RkJQdWJsaXNoZXIy MjY5