AGB

1. Scope of application, offer, conclusion of contract.

1.1 These general terms and conditions of contract apply to the sale of machines, plants and technical equipment (hereinafter referred to as "plants and equipment") of Aerne Engineering AG (hereinafter referred to as "AERNE") as well as services and engineering provided within the scope of a project, installation, commissioning, maintenance or repair (hereinafter referred to as "services"). Deviating terms and conditions of business of contractual partners shall only be recognised insofar as they do not contradict these terms and conditions of business in terms of content and do not extend the statutory rights of the customer to the detriment of AERNE. This shall also apply if AERNE does not expressly object to deviating terms and conditions of its contractual partner or carries out deliveries without objection.

1.2 Offers made by AERNE are subject to change without notice unless expressly marked as a binding offer. Written and verbal orders and other agreements as well as verbal collateral agreements and assurances shall only become effective and binding upon written confirmation by AERNE. In the event of immediate delivery, the order confirmation may be replaced by the shipment of the goods. The contractual obligations result exclusively from the written contract documentation.

1.3 The respective applicable special contractual conditions are enclosed with each offer and each order confirmation. The GTC can be accessed at any time via www.aerne-ag.ch.

2. Terms of payment, prices

2.1 Payments of plant and equipment shall be due* upon receipt of the invoice prior to delivery of the goods. Any payment agreement deviating from this can only be made between the parties in writing. In all cases, AERNE shall be entitled to make the dispatch or delivery of unpaid goods conditional upon the provision of security, such as the issue of an irrevocable and confirmed letter of credit or the provision of a bank guarantee by an internationally recognised bank. There is no obligation to hand over the goods to the customer prior to receipt of the required collateral.

2.2 Payments for the services are due* upon receipt of the invoice after completion of the commissioned work. If Services are provided abroad, AERNE may, at its discretion, require either advance payment of the expected service fee or a bank guarantee in the same amount.

2.3 Unless otherwise stated in the order confirmation, quoted prices are ex works from our location in Arbon, Switzerland or, insofar as goods are shipped by agreement from another licensed production site, the prices are ex works from the corresponding production site. The ex works price does not include costs for packaging and shipping. Service work shall be charged at the agreed, current daily rate. In addition, travel costs incurred will be invoiced as expenses. The client is obliged to bear the additional costs for on-site accommodation, continental meals and on-site transport as well as all incidental costs in a reasonable amount incurred on site or on arrival or departure.

2.4 Offsetting by the Client is only possible if his counterclaims have been legally established, are undisputed or have been acknowledged by AERNE in writing.

3. Transfer of risk

Unless otherwise agreed in writing, the benefit and risk of the deliveries shall pass to the customer upon dispatch ex works. If the dispatch of the goods is delayed at the request of the customer or if a delay occurs due to circumstances for which the customer is responsible, the transfer of risk shall be from the time originally intended for the dispatch of the goods. From this point in time, the goods are deemed to be stored for the customer at the customer's risk.

4. Warranty and liability

4.1 The terms and conditions of contracts for work and services and submissions as well as any special, product-specific "AERNE" terms and conditions of delivery shall apply to the scope and temporal validity of the warranty. The provisions of the Swiss Code of Obligations shall apply subsidiarily. For purchased parts, mechanical, electrical or hydraulic components as well as glass deliveries and surface treatment, AERNE only guarantees to the extent of the guarantees granted by the supplier/sub-supplier, but for a maximum of 12 months. The prerequisite for the guarantee is compliance with any treatment, maintenance and cleaning instructions of the manufacturer. In particular, the following provisions apply to all deliveries and assembly work in general:

The technical data to be guaranteed shall be specifically defined. All other data are to be understood as guide values. Excluded from the guarantee are damages caused by force majeure; plant concepts and designs which do not correspond to the relevant state of the art. Also excluded from the warranty are parts and operating materials that are subject to natural wear (seals, lubricants, etc.). AERNE fulfils the warranty obligations by repairing defective parts free of charge or providing spare parts free of charge to the installation site of the system, at its own discretion. The response time is usually 1 working day. In addition, AERNE shall not assume any further obligations, in particular for replacement costs, compensation for damages, costs for determining the causes of damage, expert opinions, consequential damages (interruption of operations). These warranty obligations are only valid if AERNE is informed in good time of any damage that has occurred.