1. Area of application

The following General Terms and Conditions (T´s &C´s) applyto all deliveries and services. They take priority over anygeneral terms and conditions of the contractual partner in allcases. Any changes or amendments agreed must be in writing.

2. Offers – Offer documents

Cost estimates and offers from HEFTER CLEANTECH (HCT)are subject to confirmation. Documents regarding both individualand standard performance only give approximate dimensionsunless dimensions are explicitly designated as binding.HCT retains ownership of all documents provided.

3. Placing of orders

Orders, including orders arranged by third parties, are onlydeemed to be accepted when the order has been confirmed inwriting. This does not apply to the fulfilment of a purchasecommitment.

The supplier is not liable for errors and mistakes in unclearverbal information or documentation from by the ordering party.

4. Prices

The price list only contains recommended list prices excludingvalue added tax.
Prices apply respectively ex works Hefter Manufacturing plusdelivery costs plus actual value added tax.

If there are more than four months between the conclusion ofcontract and delivery, the supplier is entitled to pass on to thepurchaser increases in material and/or wage costs of up to10%. A substantial rise over and above entitles the purchaserto cancel the contract.

With regard to custom-made products, HCT is obliged to informthe customer about this directly or via its sales partner, unlessperformance is required for which there is an express estimate.Such performance will be separately remunerated. The sameapplies if services are used, which are charged at cost.

5. Payment

The payment period is 10 days from date of invoice. On expiryof the payment period HCT is entitled to charge interest onamount overdue of 8% above the respective discount rate ofthe European Central Bank without further notice. The right todeclare further claims for damages arising from delayedpayment is reserved.

If payments are outstanding, HCT is additionally entitled tomake any delivery subject to immediate settlement. This appliesto all unpaid accounts receivable arising from the businessrelationship.

6. Deliveries

Delivery takes place at cost and risk of the ordering party. Actsof God, which include labour disputes and other unforeseenevents, discharges HCT from adherence to the deliverydeadline.

HCT is obliged to inform the purchaser immediately insuch cases.If the delivery deadline has to be cancelled for this reason, bothparties are entitled to withdraw from the contract.

7. Acceptance

Acceptance takes place on handover to the recipient, irrespectiveof Clause 6. For custom-designed products, acceptanceapplies within one week (seven calendar days).

8. Right of withdrawal with business man (trader,entrepreneur)

Redemption of goods / Costs of storage with business man(trader, entrepreneur)a) Return of goods – without acknowledgement of our legal duty– only in good reasons within 10 days after purchase andagainst presentation of the invoice / delivery note possible.The warranty stays unaffected.

b) Only goods in proper, saleable condition, which are not custom-designed, can be considered for redemption.

c) With deliverance of goods, the customer receives a credit note, reimbursing the value of goods, reduced by a storage fee, that won’t be disbursed, but will be settled with further purchases. The costs of storage are flat at 15% of the value of goods. For electronic parts a testing fee of 60, 00 € applies per piece. In case of a wrong delivery, there is no storage fee.

9. Warranties

The purchaser is obliged to examine the delivery item immediately. Any defects must be reported to HCT within two working days (48 hours). Later reporting of apparent defects is excluded. With custom designed products, the declaration of apparent defects is excluded following acceptance, even if such defects arise during operation of the equipment. Any intervention by third parties to the equipment will lead to the loss of warranty. The statutory regulations apply in all other instances.

Warranty periods:

10 years: all stainless steel chassis; 5 years: all plastic tanks; 1400 operating hours or max. 2 years: all aluminium tanks incl. flexible diaphragm panels; 700 operating hours or max. 1 year: all product models have a one-year warranty for drive motors. brush motors, suction motors and pumps, brush and cleaning heads. The electronic touch pads and electronic boards are covered by a one-year warranty. Warranty for batteries and charger is also 1year.

Warranty exceptions:

Transport damage; misuse or wrong use (this also includes the use of non-permitted or aggressive chemicals or the use of materials not approved for the machine); lack of care and maintenance; use of batteries and chargers not tested and released by HCT.

The supplier is entitled to make a minimum of two attempts to rectify the damage before statutory entitlements apply. 10. Compensation HCT’s liability is determined exclusively by these General Terms and Conditions. Claims for compensation, no matter on what legal grounds, are excluded, unless they are based on deliberate or forceful careless breach of contract or action by HCT.

11. Reservation of ownership

All goods remain the property of HCT until payment has been made in full. Appropriate use (onward sale or use) of the delivery items is permitted, in which case the reservation of ownership is carried forward; this applies to the proceedings of sale or remuneration for services to the extent that the ownership rights are reduced through use.

If the purchaser acts in breach of contract, HCT is entitled to take back the delivery items and the purchaser is obliged to return them. Any cost arising will be born by the purchaser.

Due to the reservation of ownership, the purchaser may neither pledge the objects supplied nor infringe the reservation of ownership in any other way. HCT must be informed immediately of dispositions by third parties.

12. Miscellaneous

a) In the event of direct delivery by HCT to the end user, the General Terms and Conditions apply accordingly. In such an event HCT is entitled to have the customer’s rights arising from the General Terms and Conditions implemented by his sales licence partner in the relevant territory. The customer must allow this as place of fulfilment by HCT.

b) Place of fulfilment is Prien am Chiemsee /  Germany.

Updated version: Mai 2009