Purchasing

the man Objecta GmbH & Co. KG in 46414 Rhede

We order on the basis of our General Terms and Conditions of Purchase. Other terms and conditions shall not become part of the contract, even if we do not expressly object to them.

1. orders and agreements are only binding if they are confirmed by us in writing. The supplier must confirm the order in writing within 2 working days of the date of our order. After expiry of this period, we shall no longer be bound by the order. If a price or delivery time is not specified in our order and the supplier includes it in his order confirmation, a binding agreement shall only come into effect when it is confirmed in writing by the customer.

2. the delivery period shall run from the date of the order. As soon as the supplier can assume that he will not be able to deliver on time in whole or in part, he must inform us immediately, stating the reasons and the expected duration of the delay.

In the event of a delay in delivery, we shall be entitled to demand 2% of the agreed price of the entire delivery for each commenced week of delay, up to a maximum of 10%. Further statutory rights remain unaffected. The liquidated damages caused by delay shall be offset against further claims for damages. The claims for damages caused by delay can also be asserted after unconditional acceptance. The supplier shall have the right to prove to us that no damage or significantly less damage has been incurred as a result of the delay.

3. all deliveries shall be made at the supplier's risk. The supplier shall also bear the costs of transportation. If the freight costs are to be borne by us on the basis of a special agreement, the supplier shall choose the most favorable mode of shipment for us. Additional costs and other disadvantages shall be borne by the supplier.

4 Each individual delivery must be accompanied by delivery bills in duplicate. The minimum contents of the delivery bills are our order number, our article number, our article description and the delivered quantity per item.

5. unless otherwise agreed, the prices quoted are fixed prices including packaging and are free to the ramp or the delivery address specified by us.

6. the supplier warrants that the delivery item is free of defects when handed over to us, that it has a guaranteed quality, if applicable, and that it complies with the latest state of the art, in particular the relevant laws, safety and accident prevention regulations and the usual technical standards (e.g. DIN or VDE). The VOB (German Construction Contract Procedures) as amended shall apply to all construction work.

The warranty also extends to parts manufactured by subcontractors. We shall inspect the products purchased from the supplier upon receipt for compliance with quantity and identity as well as for obvious defects and transport damage. We shall carry out an inspection for other defects on a random basis, otherwise in the normal course of business. There are no further inspection obligations on the part of the customer. We shall notify the supplier immediately of any defects found.

If claims are asserted against us on the basis of product liability, the supplier shall be obliged to indemnify us against third-party claims for damages upon first request if the cause lies within the supplier's sphere of control and organization and the supplier itself is liable in relation to third parties. Within the scope of this liability, the supplier shall also be obliged to reimburse us for any expenses incurred by us as a result of damage prevention measures (e.g. recall campaigns); this shall also apply in the event of recognizable or imminent serial defects. The supplier is obliged to cover this liability risk by means of insurance and to provide us with proof of cover on request.

The limitation period is 24 months, calculated from the transfer of risk. Notwithstanding the above, the statutory limitation period of five years and two months shall apply to buildings, to items that have been used for a building in accordance with their normal use and have caused its defectiveness, and to defects that consist of a third party's right in rem.

7. samples, models, tools, molds, drawings and other documents which are attached to the orders, which we make available to the supplier or which he produces according to our specifications, are to be treated confidentially and remain our property. Such documents must be kept for later orders or returned at our request after the order has been executed. They may not be passed on to third parties or used for purposes other than for cooperation with us without our written consent.

The supplier undertakes to, man Objecta GmbH & Co. KG or received on their behalf from third parties about the items to be delivered, the end products and the operating processes affecting the delivery contract, to treat them as strictly confidential, to keep them secret from third parties and to use them exclusively for the purpose of cooperation with the aforementioned companies. This shall apply irrespective of whether documents of the aforementioned companies and information have been expressly designated as confidential or secret or whether they are business or trade secrets in the legal sense. The Supplier shall also impose this confidentiality obligation on all employees and agents who may gain knowledge of the cooperation between the contracting parties as a result of their work.

Products manufactured using our molds and tools may only be supplied to third parties with our express written consent.

8. the supplier shall be liable for ensuring that no industrial property rights, other rights or business and trade secrets of third parties are infringed by the use of the delivered items. He shall indemnify us against any claims of third parties.

If the supplier's representatives work at our plant or at one of our customers, the supplier must instruct them to observe the accident prevention regulations and the VDI regulations as well as our existing operating instructions.

The supplier shall be liable for all damage which it or its agents cause intentionally or negligently at our plant or at our customers' premises. Upon request, the supplier must provide evidence of the existence of adequate liability insurance. However, we shall only be liable for damages in accordance with the following provisions: We shall be liable for a breach of material contractual obligations for which we are responsible in accordance with the statutory provisions. Insofar as we are not guilty of gross negligence or willful misconduct, however, we shall only be liable for typically foreseeable damage. We shall only be liable for all other breaches of duty if the damage was caused intentionally or through gross negligence by one of our legal representatives or by a senior vicarious agent. Excluded from this are claims under the Product Liability Act and damages resulting from injury to life, limb or health, for which we are liable in accordance with the statutory provisions. Otherwise, claims for damages against us arising from breaches of duty are excluded.

9. the supplier undertakes to use its best efforts to promote and comply with sustainable and socially responsible practices in the performance of the contract. This includes, but is not limited to, ensuring good working conditions, compliance with health and safety measures, anti-discrimination and anti-harassment policies as well as measures to reduce energy consumption and greenhouse gas emissions, the protection of biodiversity and the implementation of waste management initiatives. These obligations must be fulfilled regardless of whether they are directly related to the subject matter of the contract and serve the purpose of meeting sustainability and social responsibility expectations

10 Unless otherwise agreed, we shall pay invoices either within 14 days with 3 % discount or 30 days net, in each case after receipt of invoice and goods. The payment period shall not commence before the agreed delivery date and after receipt of the verifiable invoice by the customer. Payment of the tool costs is regulated in the tool rental agreement. If no tool rental agreement has been concluded, we shall only pay the costs for molds and tools once flawless parts have been inspected by us. Claims against us may only be assigned with our written consent.

11. place of performance for deliveries is 46414 Rhede or another agreed place. German law applies; the place of jurisdiction is 46399 Bocholt.

Status: September 2024