General Terms and Conditions

Lohmann Engineering GmbH – Trading Division Lohmann Supply
Version: June 2026

§ 1 Scope of Application

These General Terms and Conditions (hereinafter "GTC") apply exclusively to deliveries and services of Lohmann Engineering GmbH, acting under the name Lohmann Supply (hereinafter "Seller"), to entrepreneurs within the meaning of § 1 para. 1 no. 1 KSchG. Transactions with consumers are not conducted. By placing an order, the buyer acknowledges these GTC. Deviating purchasing conditions of the buyer do not apply unless the seller expressly agrees to their validity in writing. Should individual provisions of these GTC be ineffective, this does not affect the validity of the remaining provisions.

§ 2 Offer and Conclusion of Contract

Offers from the seller are non-binding and subject to change. An order from the buyer is considered a binding offer within the meaning of § 862 ABGB. The contract is concluded by written order confirmation from the seller (via email or fax) or by execution of the delivery. The seller is entitled to reject orders without giving reasons or to accept them only in part. Technical changes to products that do not impair the contractually agreed function are reserved.

§ 3 Prices

All prices are net from stock, plus the applicable statutory sales tax at the time of delivery as well as any transport, packaging, and insurance costs. The price according to the valid price list at the time of order confirmation is decisive. In the event of significant changes in raw material, energy, or transport costs after the conclusion of the contract, the seller is entitled to adjust the agreed price accordingly. For deliveries to another EU member state, the rules on intra-community delivery (Reverse Charge) apply; the buyer must provide their valid VAT number. For export deliveries to third countries, the buyer bears all applicable customs duties, taxes, and fees.

§ 4 Delivery and Transfer of Risk

Deliveries are made from the seller's warehouse (EXW Linz, Incoterms® 2020), unless otherwise agreed in writing. The risk passes to the buyer upon handover of the goods to the carrier, freight forwarder, or any other person designated to carry out the shipment. Delivery and performance deadlines are non-binding unless expressly confirmed in writing as binding. Partial deliveries are permissible as long as they are reasonable for the buyer.

§ 5 Delivery Delays and Force Majeure

Events of force majeure — particularly natural disasters, pandemics, official orders, transport interruptions, production failures at the manufacturer, strikes, raw material shortages, and other events outside the seller's sphere of influence — release the seller from the obligation to deliver for the duration and extent of their effects. The seller will inform the buyer immediately and is entitled to extend the delivery period accordingly or withdraw from the contract if the disruption lasts longer than eight weeks. Further claims by the buyer are excluded.

§ 6 Payment Terms

Invoices are due for payment within 30 days from the invoice date without deduction, unless otherwise agreed in writing. Discounts are only granted with a separate written agreement. The seller reserves the right to make deliveries only against advance payment or cash on delivery, especially for first orders or in case of justified doubts about the buyer's creditworthiness. A set-off by the buyer is only permissible with undisputed or legally established claims.

§ 7 Default in Payment

In the event of default in payment, default interest at the statutory rate according to § 456 UGB is to be paid. Furthermore, the buyer agrees to reimburse the seller for costs incurred through out-of-court collection. In the event of default in payment, the seller is entitled to declare all outstanding claims immediately due and to withhold further deliveries until the outstanding amounts are settled.

§ 8 Retention of Title

The delivered goods remain the property of the seller (retained goods) until all claims of the seller from the business relationship have been fully settled. The buyer is obliged to handle the retained goods with care and to use them only for their intended purpose. In the event of seizure or other third-party access to the retained goods, the seller must be notified immediately. In the event of default in payment or the opening of insolvency proceedings over the buyer's assets, the seller is entitled to demand the return of the retained goods.

§ 9 Notice of Defects and Warranty

The buyer is obliged to inspect the goods for defects immediately upon receipt and to report recognizable defects in writing within 7 working days of delivery; hidden defects must be reported immediately upon discovery. The warranty period is 12 months from delivery. Defects that are due to improper storage, assembly, use, or alteration by the buyer are excluded. In the case of a justified complaint about defects, the seller has the right to choose between repair or replacement. If the repair fails twice, the buyer may demand a reduction in price or cancellation of the contract. Further claims — especially for damages due to consequential defects — are excluded, as far as legally permissible.

§ 10 Limitation of Liability

The seller's liability for damages — with the exception of personal injury — is limited to intent and gross negligence. Liability for slight negligence as well as for lost profits, indirect damages, and consequential damages is excluded, as far as legally permissible. Liability is in any case limited to the value of the respective order. The buyer is solely responsible for the intended use and selection of the delivered products.

§ 11 Returns

Returns are only permitted with the prior written consent of the seller. Only unused, unopened products from the current range will be accepted for return. A processing fee of 15% of the value of the goods, but at least EUR 30, will be charged for returns made within 8 days of delivery. Custom-made products and items that are no longer available will not be accepted for return. The buyer bears the transport costs of the return.

§ 12 Export Control

The buyer agrees to comply with all applicable export control regulations. In the case of further delivery of the products to third countries, the buyer is solely responsible for complying with the respective national and international export regulations. The seller reserves the right to refuse deliveries if there is suspicion of violations of export control regulations.

§ 13 Intellectual Property

All rights to product documents, technical documentation, catalogs, and other documents transmitted by the seller remain with the seller or the respective manufacturer. Any transfer to third parties or use for purposes other than those contractually agreed upon is prohibited.

§ 14 Applicable Law and Jurisdiction

Austrian law applies exclusively, excluding the UN Sales Convention (CISG) and conflict of law rules. The place of performance is Linz, Austria. The competent court in Linz is agreed as the exclusive jurisdiction for all disputes arising from or in connection with this contract. However, the seller is entitled to sue the buyer at its general place of jurisdiction.

Lohmann Engineering GmbH, Peter-Behrens-Platz 10, 4020 Linz — Status: June 2026