English Translation

Conditions for repair work. 1. Prices. When calculating repairs, prices and hourly rates for materials and spare parts, as well as wages and expenses, are determined by us in accordance with the actual material and time. 2. Payment conditions. Payment is due upon completion and must be made in cash before departure of the property from the factory. We are entitled to demand advance payments and deductions, the amount of which is fixed by us. If the customer is in default with a payment, the debt shall be interest-bearing according to the usual bank rates. The offsetting with counterclaims, as well as the abrogation of our lien and retention right by deposit is excluded. 3. If we are obliged to refund paid payments, their interest rate is 5 percent per year. 4. Estimates of costs. Only a non-binding estimate of the reparation of the prices and wages in force at the time of their production and the previously known damage determination of the damages require an in-depth investigation or disassembly, shall be entitled at the expense of the client. If, during the execution of a repair, we consider large deviations from the original order to be necessary, we are entitled to present them. In any case, the final calculation of our work and deliveries according to Z. 1 will be made without delivery of the replaced parts by the customer. 5. Warranty work. For example, free services claimed on account of our warranty obligation may be made available. Subsequent recourse to guarantee is excluded. 6. Delivery. We endeavour to comply with the delivery deadlines provided as far as possible. However, all deadlines and dates are not binding for us. Claims for non-compliance with delivery for damages, are excluded against us.. Cases of force majeure, strikes, lockout, operating disruption etc. in our company or in that of our suppliers, blocking or obstruction, mobilization war, riot and similar events, as well as their effect on our production exclude a delay on our side and entitle us to withdraw from the contract in whole or in part, as far as not yet executed, or to postpone the execution accordingly, without the customer's claims therefore arising against us. 7. Acceptance. The acceptance of the repair work must be carried out within a week after notification of its completion in our workshop. The purchaser has the right to check the repaired object before acceptance in our workshops for its proper condition. Any complaints must be made immediately. If the customer does not carry out an fL8 inspection, or if he does not make any objections, the object shall be deemed to be delivered and accepted by the customer with its departure from the factory or its loading, but at the latest with the expiry of the period referred to above. If the acceptance is delayed, we, -l@ unfavorable of our other rights, are entitled to the calculation of storage money according to the usual rates. 8. Shipping. Any shipment by us is subject to special regulations of the customer at our best discretion without liability for the cheapest shipment. - With the departure of the delivery item from the factory or with the loading carried out in the factory, all liability on the part of the factory expires for damages and losses. Shipping always takes place at the expense and risk of the customer and only until the next railway station of the destination or ship unloading place. In case of agreement of Frankodelivery tax insurance for rail and sea transport, we are only prompted by express request and at the expense of the customer 89. Any damage to the goods shall be certified by the purchaser on the transport note prior to unloading. Packaging shall be calculated and not returned. d ROTE EOETO 9. Warranty. For any defects, which are demonstrably due to material or work defects, we guarantee, subject to the provisions in Z. 7 to the extent that we fix them at our choice either by free repair at our workshop. However, the requirement of this warranty is, after its discovery, notified, warranty claims made at the latest within 6 weeks after acceptance, and the wagons or the damaged pieces are made available to us within this period for the execution of the l warranty work. Labour costs, freightes, customs duties, taxes, etc. shall be charged to the customer. The warranty obligation expires if, without our approval, alterations, repairs or any other kind of work are carried out on the wagons repaired by us or spare parts are installed. Further warranty claims against us, than those specified in the above, in particular those on damages, are excluded. For painting and glass a guarantee is not made o wod sh O L LriowdO For components that we do not manufacture or repair ourselves, our guarantee on the assignment of us -Thiiagainst our suppliers due to any defects cut CSEOIRONUSXTSLMOT 10. Liability and insurance. As regards us. žur Reparatu wagons, parts etc. We only stand up for the care that we apply in our own affairs We are not liable for damages and losses that CM$ results from theft, burglary, fire, explosions and cases raised Dewak as well as during trials, transfer and other journeys; nor are we liable for the contents of the car. florirf We are not obliged to take out insurance against such damages without special order. 11. Oral statements by our representatives and officials are binding for us only if they are confirmed by us in writing. Place of performance for payment and delivery is the place of the repair shop 13. Jurisdiction. The exclusive place of jurisdiction for all obligations of both parts, including bills of exchange and cheques, as well as for all other current and future business liabilities, in particular for deliveries of spare parts, merchandise, materials or repairs, is Stuttgart, Mannheim or Gaggenau 18530 00001 :00