of CATS Crane Automation Technology Systems GmbH & Co KG
(as of December 2009)

I. Validity / conclusion of contract

1. All service and assembly work by CATS Crane Automation Technology Systems GmbH & Co KG (hereinafter referred to as CATS) is carried out exclusively on the basis of these service and assembly conditions. Counter-confirmations by the customer with reference to his general terms and conditions or similar apply only insofar as they coincide with these service and installation conditions.
2. Written offers from CATS are binding for 30 days, unless otherwise stipulated in writing. In addition, offers, price lists and other information leaflets from CATS are subject to change and non-binding. A contract is concluded either through the timely acceptance of a written offer from CATS or otherwise with the order confirmation from CATS, which in this case determines the scope of the obligations assumed by CATS.
If an order confirmation by CATS is not possible or unusual in the circumstances of the individual case, the contract is concluded when the service and installation work by CATS begins, unless the customer expressly objects to it beforehand. Oral side agreements are only binding for CATS if they have been confirmed by CATS in writing or electronically.
3. The general terms and conditions (GTC) of CATS apply in the currently valid version. These can be downloaded from The present service and assembly conditions are a supplement to these terms and conditions.

II. Contract execution / subcontractors

1. After the contract has been concluded, CATS and the customer will designate a responsible contact person. Declarations by a named contact person to the named contact person of the other party are binding for the contracting party concerned.
2. Changes to the agreed service or assembly services made after the conclusion of the contract must be made in writing in any case. If the service or assembly work is delayed for reasons for which CATS is not responsible, the customer must bear the additional costs incurred by CATS, including those for waiting times.
3. If CATS recognizes that a specification of the customer is incorrect, incomplete, ambiguous or objectively not feasible, CATS will inform the customer immediately, including the conclusions to be drawn from it, insofar as these are recognizable for CATS. In this case, the customer is obliged to decide immediately about any necessary changes to his specifications.
4. CATS is entitled to use subcontractors to provide the contractual services.

III. Cooperation obligations of the customer

1. The customer is responsible for ensuring that all preliminary work and services that he himself or a contractor or supplier commissioned by him for the service or assembly work to be performed by CATS are provided in a timely, error-free and complete manner. The requirements or specifications specified by CATS in this respect must be observed.
2. The customer provides CATS with all documents, data and other information required for the service or installation work. CATS will treat the provided documents carefully and confidentially and return them as soon as they are no longer required. Insofar as the information provided is of significance within the scope of CATS 'liability for defects, CATS is entitled to make copies of it to make. If the information provided is clearly business secrets of the customer, the copies must be destroyed within one month of the expiry of the limitation period for claims for defects by the customer, unless the information requiring confidentiality has meanwhile become generally known.
3. Before starting the service or assembly work, the customer must provide the necessary documents and technical data without being requested to do so. The customer enables and allows CATS access to the service or assembly site. Furthermore, the customer has to provide the technical facilities necessary for the implementation of the service or installation work, in particular power supply, telephone connections and data transmission lines as well as other facilities or requested support personnel requested by CATS and to make them available to CATS to a reasonable extent free of charge.
4. Should the customer discover that a CATS service is faulty or does not correspond to existing plans or specifications, he must inform CATS of this immediately in writing.
5. The customer must confirm in writing to the employees or vicarious agents employed by CATS to fulfill the contract to the best of its knowledge and, after completion of the work, immediately hand over a written confirmation of the completion of the service or assembly work.
6. Insofar as accident prevention regulations other than those of the AUVA (Allgemeine Unfallversicherungsanstalt) and / or other relevant statutory provisions apply at the location of the service or assembly work, the customer must inform CATS of this and the relevant provisions in good time and instruct them in detail. Any additional protective clothing or protective devices that may be required must be made available to CATS in good time at its own expense.
7. If the customer does not comply with the obligations to cooperate mentioned in the aforementioned paragraphs, does not comply in time or properly, he is obliged to reimburse CATS for all additional expenses and damages arising from this.

IV. Deadlines / dates

1. Deadlines, in particular for the start of execution and completion, are only binding if they have been expressly agreed in writing. If an originally specified binding completion date is postponed as a result of changes or extensions to the contractual services, CATS will immediately inform the customer of this, stating the reasons and give him a new completion date.
2. In the event of force majeure and other circumstances beyond the control of CATS, e.g. material procurement difficulties, operational disruptions, strikes, lockouts, deficiencies in means of transport, official interventions, energy supply problems, force majeure and the like - even if they occur at a pre-supplier or subcontractor the execution and completion deadlines are extended to a reasonable extent if this prevents CATS from fulfilling its obligations on time. CATS must notify the customer immediately in the aforementioned cases. If the service or installation is permanently impossible due to such a circumstance or if CATS is entitled to refuse the service due to such a circumstance, CATS can withdraw from the contract. If the delay lasts longer than two months, the customer can withdraw from the contract. If the execution or completion deadlines are extended by such a circumstance or if CATS is released from its performance obligation, the customer cannot derive any claims for damages from this if CATS can prove that it is not responsible for the breach of duty; However, CATS is only responsible for willful intent and gross negligence.
3. If the customer is in default of payment for an earlier delivery or service, CATS is entitled to withhold deliveries and services without being obliged to compensate the customer for any damage that may arise.

V. Acceptance, transfer of risk

1. A formal acceptance of the work requires a prior written agreement in any case.
2. As far as an acceptance has to take place according to point 1 and deliveries are necessary for the provision of the service or assembly work, the risk with regard to the delivered items is transferred to the customer when they are delivered to the service or assembly location.

VI. Compensation

1. The remuneration owed by the customer results from the offer and / or the order confirmation from CATS. If there is no offer and / or order confirmation or if these do not contain any information on remuneration, the prices valid at the time of the order shall apply as agreed in accordance with the charge rates offered for services by CATS.
Insofar as the parties have not agreed a fixed price, the travel and transport costs incurred by CATS are to be reimbursed separately. All prices are plus the value added tax applicable on the day of the service.
2 If the customer terminates the contract with legal effect for an important reason for which CATS is not responsible, the customer must reimburse CATS for the services rendered up to the termination, regardless of whether or not partial payments were agreed for the partial services rendered up to that point. In addition, the customer is obliged to pay a flat termination fee of 40 percent from the difference between the contractually agreed total fee and the partial fee to be paid in accordance with sentence 1, unless the customer can prove that the CATS will result from the termination Disadvantage is less. Any further claims by CATS remain unaffected. If CATS has engaged subcontractors to provide its services and is obliged to pay these termination fees as a result of the termination by the customer, the customer is obliged to reimburse CATS for the termination fees paid to the subcontractors.

VII. Terms of payment

1. Payments are due 14 days after the invoice date without deduction. If CATS commissions third party services to be provided to the customer, the scope of which exceeds a quarter of the expected order value, CATS is entitled to demand advance payments; CATS does not have to provide the customer with security for this, even if the customer has not yet acquired ownership of the affected substances or components.
The right to demand advance payments in accordance with sentence 2 also applies to parts of the work that have been performed in accordance with the contract and are self-contained.
2. In the event of default in payment by the customer or deferral, CATS is entitled to charge interest at a rate of 10% above the current base rate, unless the customer can provide evidence of lower damage caused by default. The assertion of further damages remains reserved.
3. If the customer stops making payments or insolvency proceedings are opened against his assets, all CATS claims become due immediately without the need for a separate due date.
4. The customer is only entitled to offset or withhold payment with or because of undisputed or legally established claims, furthermore if CATS is guilty of a gross breach of duty.

VIII. Guarantees, customer rights in the event of defects

1. If guarantees are agreed, they must be made in writing to be legally valid.
2. Durability guarantees from CATS are only effective and binding if they are made in writing and the guarantee declaration also contains the content, scope and limits of the guarantee. If one of the requirements mentioned in sentence 1 is not met, the durability guarantee is ineffective
3. Incorrect deliveries or defects must be reported by the customer immediately in writing, specifying the incorrect delivery or the defect by CATS. They do not entitle the customer to withhold the invoice amounts.
4. The services provided by CATS also have the agreed quality if a system that has been maintained in accordance with the service agreement with the customer does not always work properly and without faults despite proper maintenance by CATS. CATS therefore does not guarantee that the system it maintains is always trouble-free and ready for operation. Any claims for defects made by the customer are met through improvement.
At CATS' option, the improvement is made by eliminating the defect or delivering a defect-free product or manufacturing a defect-free work. The customer's claim for improvement does not include the elimination of errors or malfunctions that have arisen due to external influences not provided for in the contractual use, operating errors, third-party products brought in by the customer or the like.
5. The customer's claims for subsequent performance, compensation for damages or reimbursement of wasted expenses due to deliveries and services provided by CATS shall become statute-barred 12 months after the service has been provided or, if acceptance is required in accordance with Section V, Paragraph 1, with acceptance or independent partial acceptance. The customer's withdrawal due to non-contractual performance is ineffective if the customer's claim for supplementary performance according to sentence 1 has expired and CATS invokes it.
6. The elimination of defects and the dispatch of the affected goods take place outside of the warranty obligation at the expense of the customer. For all returns, the risk is only transferred to CATS when the goods are accepted in the CATS warehouse.

IX. Limitations of Liability

1. CATS is liable to the customer in the event of an essential breach of duty, unless CATS can prove that it is not responsible for the breach of duty; However, CATS is only responsible for willful intent and gross negligence. In the case of sentence 1, however, the customer's claim is limited to compensation for the typically occurring damage that was foreseeable when the contract was concluded.
Liability for data loss is limited to the typical restoration effort that would have occurred even if the risk to be secured had been made in accordance with regular backup copies.
In the event of a breach of other obligations arising from the contractual relationship (including the obligation to take into account the rights, legal interests and interests of the customer), liability on the part of CATS - in particular for consequential damage - is excluded if CATS can prove that it is not responsible for the breach of duty; However, CATS is only responsible for willful intent and gross negligence.
2. The above limitations of liability do not apply if the customer is entitled to rights from a guarantee assumed by CATS or if CATS is liable for damage caused intentionally or negligently from injury to life, limb or health.

X. Final provisions

1. German law applies exclusively to all legal relationships between CATS and the customer.
2. The place of fulfillment and jurisdiction for all disputes is Nuremberg. However, CATS is also entitled to bring claims against the customer at one of its statutory places of jurisdiction.
3. Should individual provisions of these General Service and Installation Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

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