Impressum

Alfred Kärcher SE & Co. KG
Alfred-Kärcher-Strasse 28-40
71364 Winnenden / Germany
P.O. Box 160
71349 Winnenden / Germany

Phone +49 7195 / 14-0
Fax +49 7195 / 14-2212
E-mail: info@kaercher.com

Alfred Kärcher SE & Co. Kommanditgesellschaft (private limited partnership)
Registered office: Winnenden
Court of Registration: Stuttgart, HRA 260 169

General partner:
Kärcher SE, registered office: Winnenden,
Court of Registration: Stuttgart, HRB 765 434

VAT ID no: DE 147223775
ILN: 4039784000001

Board of Management:
Hartmut Jenner (Chairman),
Markus Asch (Deputy Chairman),

Dieter Grajer, Christian May, Stefan Patzke, Michael Häusermann

Chairman of the Supervisory Board:
Johannes Kärcher

AGB

General terms and conditions of sale, delivery and assembly
of Alfred Kärcher SE & Co. KG, Alfred-Kärcher-Str. 28-40
71364 Winnenden, Germany

(as of November 2018)

I. Validity
1. We sell, deliver and assemble our products exclusively according to the following terms and conditions in the course of business with companies and legal persons under public law (both hereinafter referred to as the "Customer").
2. We do not accept our Customer's terms and conditions unless we have expressly approved their validity in writing.
3. Our terms and conditions of sale, delivery and assembly shall also apply if we carry out deliveries to the Customer without reservation with knowledge of conflicting terms and conditions or of those which deviate from our terms and conditions of sale, delivery and assembly.
4. By placing an order, the Customer expressly agrees to the applicability of our terms and conditions of sale, delivery and assembly and waives the applicability of his own deviating general terms and conditions or terms and conditions of purchase and payment. No other terms and conditions shall apply, even if such terms and conditions are not expressly excluded by us in a specific case. If the Customer does not agree thereto, he must inform us immediately thereof in writing.

II. Conclusion of the contract
1. Our quotations are non-binding and subject to change unless they are expressly referred to as binding. This shall also apply if we have provided the Customer with catalogues, technical documentation (e.g. drawings, plans, calculations, estimates, references to DIN standards), other product descriptions or documents – also in electronic format – for which we reserve the right of ownership and copyrights.
2. When the Customer places an order, this shall be deemed to be a binding offer of contract. We can either accept the Customer's order in writing (e.g. via order confirmation) or by delivering the goods to the Customer.

III. Prices and price adjustment
1. The prices are stated in Euro FCA (Incoterms 2000) and do not include VAT.

IV. Terms of payment
1. Our invoices must be paid within ten days of the invoice date without any deductions.
2. In the event of default of payment, the legal regulations shall apply.
3. Payments are only regarded as being made when the amount is finally available to us.
4. The Customer can issue a SEPA B2B Direct Debit mandate. The deadline for pre-notification shall be reduced to 5 days. The Customer guarantees that the account will have sufficient funds.
5. We may demand payments in advance for individual customers and contracts without having to state any reasons.
6. Our information regarding the subject of the delivery or service (e.g. weight, measurements, practical values, loading capacity, tolerances and technical data) as well as our depictions of the same (e.g. drawings and diagrams) are only approximates unless the usability for the contractually stipulated purpose requires exact conformity. These shall not be construed as warranties of quality, but rather as descriptions or identifications of the delivery or service. Commercial deviations and deviations that occur due to legal regulations or constitute technical improvements, as well as the replacement of components with equivalent parts are permissible unless this impairs the usability for the contractually stipulated purpose.

V. Time of performance, default, withholding, partial performances
1. The times of delivery and assembly are generally non-binding unless we have expressly declared them in writing as binding. If dispatch has been agreed, the times and dates of delivery are based on the time of transfer to the freight forwarder, carrier or any other third party assigned with transportation.
2. The start of time limits specified and the adherence thereto requires the clarification of all commercial and technical issues.
3. If we default with our performance and if we are responsible for this default of delivery, then we shall compensate the Customer with the damages incurred as a result of the usual course of events up to the amount of 0.5% of the net value of goods to be delivered for each complete calendar week as part of a lump-sum compensation for delayed performance, however this shall not be higher than 5% of the net value of goods delivered.
4. We are authorised to withhold our performance if the Customer has not fulfilled his contractual or other legal obligations.
5. We are entitled to carry out partial performance only if
• the partial delivery can be used by the client as part of the contractually intended use,
• the delivery of the rest of the ordered goods is guaranteed and
• the client does not accrue any significant additional expenses or additional costs (unless we declare that we are willing to accept said costs)
6. We shall not be liable for impossibility of delivery or for delays in delivery insofar as they have been caused by force majeure or by other events that were unforeseeable at the time of conclusion of the contract (e.g. any disruptions of operations, difficulties in material or energy procurement, delays in transport, strikes, lawful lockouts, shortages in labour, energy or raw materials, difficulties in procuring the necessary official licences, official measures or the non-delivery, incorrect or late delivery by the supplier) and for which we are not responsible. If such events make it considerably difficult or impossible for us to carry out the delivery or service and if the obstacles are not just of a temporary duration, we are entitled to withdraw from the contract. In the event of obstacles of a temporary duration, the times of delivery and performance shall be extended or said times shall be postponed by the time period of the obstacle plus an appropriate lead time. Insofar as the Customer cannot be expected to accept the delivery or service due to the delay, he may withdraw from the contract by immediately informing us in writing.

VI. Risk assumption, dispatch
1. Unless otherwise regulated by the agreement of a specific Incoterms clause, the risk shall pass to the Customer, at the latest with the transfer of the delivery item (whereby the start of the loading process is decisive) to the freight forwarder, carrier or any other third party assigned with the delivery. This shall also apply if we assume the shipping costs or transportation by way of exception. We are not obligated to insure the goods against damages caused during transport.
2. If the delivery is delayed due to circumstances for which we are not responsible, then the risk passes to the Customer, at the latest when the delivery is ready for dispatch.
VII. Damage during transport
The Customer must immediately report any damages or losses that occurred during transport and must leave the delivery for inspection to be viewed as soon as possible. This shall also apply if damages occur during transport that are not seen until the goods are unpacked or at a later date.

VIII. Customer's participation during assembly of devices
1. The Customer must ensure unobstructed and secure entry to the place of assembly with sufficient loading capacity. Furthermore, he must provide us with the electricity, water, gas and oxygen necessary for assembly free of charge.
2. By the assembly date, the Customer must carry out the masonry, foundation and cutting work required for the assembly and start-up of the devices to be delivered by us at his own cost and must create the necessary supply and waste disposal lines for electricity, oil, gas, compressed air, water and wastewater in accordance with our installation drawing. Furthermore, the Customer must manufacture the connecting piping and electrical cables as well as the cable ducts, empty conduits and protective piping between the devices and their components in accordance with our installation drawing and must lay these up to the supply terminals defined by us. The course of the connecting cables, ducts and pipings in the building must be defined by the Customer.
3. For heated devices, the statutory boiler room guidelines and boiler room conditions must also be satisfied in accordance with our installation drawing by the assembly date. The Customer must provide the necessary water connectors with screw joints and the connecting devices for the boiler room, supply the fuel, electricity and water required for start-up and trial operation as well as insulate the piping after these trial periods, all at his own cost.
4. When inserting heavy parts in a building or when installing the cable track as well as when installing the portal and other heavy machine parts, the Customer must provide our installation technicians with assistants and the necessary lifting and scaffolding equipment, mobile if required, free of charge.

IX. Notification of defects, warranty and warranty period
1. The Customer's claims for defects require that he has duly complied with his statutory obligations to check the delivered goods and to provide notification of defects. Notification of defects must be made in writing. Obvious defects must be reported by the Customer immediately; if he fails to notify of the defects in time and in due form, our performance shall to this extent be deemed to be in accordance with the contract.
2. If the Customer notifies of a defect on a small device (up to 20 kg), spare part or accessory delivered by us, then he must have it ready for pick up by the company we have assigned with the task.
3. If our performance is insufficient upon passing of the risk, then we shall provide supplementary performance with our choice of either elimination of the defect or delivery of goods that are free of defects, thus replacing the defective delivery. Replaced parts shall become our property. If the supplementary performance fails, then the remaining claims of the Customer shall be governed according to the statutory regulations. We shall not be liable for material delivered by the Customer or procured due to specifications defined by him as well as for constructions defined by the Customer. This is without prejudice to Sub-section 5.
4. We shall also not be liable for any material defects from the sale of used devices. This is without prejudice to Sub-section 5.
5. The claims of the purchaser for damages also exist in case of defects solely as provided under Section X.
6. This is without prejudice to the statutory special provisions applying to final delivery of goods to a consumer (Supplier’s recourse under Sections 478 and 479 German Civil Code).

X. Damage compensation
1. In the event of default, we shall be liable in accordance with the aforementioned provision in Section V.3.
2. In all other respects, we shall be liable for damage compensation – for whatever legal basis – in the context of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, we shall only be liable for
a) damages caused by injury to life, body or health,
b) damages caused by breach of a material contractual duty (an obligation whose fulfilment makes the proper execution of the contract at all possible and on the observance of which the contractual partner regularly relies and may rely); in this case, our liability is however limited to compensation of the foreseeable damage occurring in a typical manner.
3. The limitations of liability resulting from the previous Section X. 2 also apply for the benefit of our legal representatives or agents. They shall not apply unless we have fraudulently concealed a defect or we have furnished a guarantee for the quality of the goods. They shall not apply as well to claims made by the Customer in accordance with the Product Liability Act.

XI. Limitation period
1. Contrary to Section 438 (1) No. 3 German Civil Code, the limitation period for claims from material defects or defects of title shall be one year from delivery or, where acceptance is agreed, from acceptance.
2. However, where the goods constitute a building (Section 438 (1) No. 2 a) German Civil Code) or a building material (Section 438 (1) No. 2 b) BGB), then the statutory provision shall apply. This is also without prejudice to further special statutory limitation provisions (particularly Section 438 (1) No. 1 und (3) German Civil Code as well as Sections 444 and 479 German Civil Code).
3. These limitations periods for the sale of goods shall apply also to contractual and non-contractual claims for damages by the purchaser that rely on a defect in the goods unless the application of the proper statutory limitation period (Sections 195 and 199 German Civil Code) would lead in the particular case to a shorter limitation period. Damages claims by the Customer under Section X. 2 Sentence 1 and Sentence 2 a) shall, however, have a limitation period that follows the statutory provisions exclusively.

XII. Offsetting, right of retention, assignment
1. The Customer may only offset with legally established or undisputed counterclaims.
2. The Customer is only entitled to the right of retention due to claims that are based on the same contractual relationship.
3. The assignment of rights, receivables and claims requires our prior written approval, which shall not be unreasonably withheld. This shall also apply to agreements that the Customer has made with third parties, which exclude the transfer of claims to us from the sale of goods subject to retention of ownership.

XIII. Retention of ownership
1. We retain title of ownership to the delivered goods (goods subject to retention of ownership) until all the claims that we make to the Customer now and in the future are settled, including all balance claims from current accounts. In case of breach of contract by the Customer, in particular if he defaults with the payment of a payment claim, we are entitled to take possession of the goods subject to retention of ownership after we have set a reasonable performance deadline. The Customer shall bear the transport costs for the return delivery. If we take possession of the goods subject to retention of ownership, this constitutes withdrawal from the contract. If we seize the goods subject to retention of ownership, this also constitutes withdrawal from the contract. We are entitled to utilise the goods subject to retention of ownership that we took in possession. The revenue from said utilisation shall be offset against the amounts owed to us by the Customer after we have deducted an appropriate amount for the costs of said utilisation.
2. The Customer must handle the goods subject to retention of ownership with due care. He must insure them at his own cost at replacement value against fire and water damage and theft. If maintenance and inspection work is necessary, the Customer must carry this out in time at his own cost.
3. The Customer may use the goods subject to retention of ownership and resell them in the course of his regular business provided that he is not in default of payment. However, he may neither pledge the goods subject to retention of ownership nor transfer them by way of security. The payment claims of the Customer made against his buyer from a resale of the goods subject to retention of ownership as well as the claims of the Customer made with regard to the goods subject to retention of ownership that arise from another legal basis against his buyer or a third party (in particular claims based on tort and claims to insurance benefits), including all balance claims from current accounts, shall now be assigned to us in full by the Customer by way of security. We shall accept this assignment.
4. The Customer may collect the claims assigned to us for his account in his own name on our behalf, provided that we do not revoke said authorisation. Our right to collect said claims ourselves shall not be affected hereby; however, we shall not assert the claims ourselves nor revoke the collection authorisation, provided the Customer properly fulfils his payment obligations.
5. In case of breach of contract by the Customer, in particular if he defaults with the payment of a payment claim, we may demand that the Customer notifies us of the assigned claims and the respective debtors, whom he then informs of the assignment. We may also demand that he hands over all documents to us as well as all information that we need to enforce the claim.
6. The processing or alteration of the goods subject to retention of ownership shall always be carried out by the Customer for us. If the goods subject to retention of ownership are processed with other materials that do not belong to us, then we shall acquire co-ownership in the new goods at the ratio of the value of the goods subject to retention of ownership (invoice final amount including VAT) to the other processed materials at the time of processing. Furthermore, the same shall apply to the new goods resulting from the processing as to the goods subject to retention of ownership.
7. If the goods subject to retention of ownership are inseparably combined or mixed with other materials that do not belong to us, then we shall acquire co-ownership in the new goods at the ratio of the value of the goods subject to retention of ownership (invoice final amount including VAT) to the other combined or mixed materials at the time of combining or mixing. If the goods subject to retention of ownership are combined or mixed in a way that the goods of the Customer are to be considered the main item, we are in agreement with the Customer that he grants us proportionate co-ownership in said items. We shall accept said granting of co-ownership.
8. Our resulting sole ownership or co-ownership in the goods shall be kept in safe custody for us by the Customer.
9. In the event of seizures of the goods subject to retention of ownership by third parties or any other third-party claims, the Customer must refer to our ownership and inform us immediately in writing so that we can assert our ownership rights. If the third party is not able to reimburse us with the judicial or extrajudicial costs incurred in this context, the Customer shall be liable for said costs.
10. Upon the Customer’s request, we are obligated to release the securities to which we are entitled insofar as their realisable value exceeds the value of our outstanding claims against the Customer by more than 10%. However, we are allowed to select the securities to be released.
11. If the retention of ownership or the assignment is not effective according to the law of the country in which the goods are located, then the security closest in nature to the retention of ownership or the assignment in this country shall be deemed as agreed. If this requires the cooperation of the Customer, he shall take all the legal actions necessary to justify and maintain such rights.

XIV.Intellectual property rights
1. If we have to carry out services according to drawings, models and samples or using parts provided by the Customer, then he shall vouch that no intellectual property rights of third parties shall hereby be violated.
2. The Customer shall exempt us from any third party claims caused by violation of intellectual property rights and shall reimburse us with the damage incurred as well as our costs and expenses. If the Customer is and/or if we are prohibited by a third party from manufacturing or delivering goods under reference to an intellectual property right, we shall also be entitled to discontinue the work without having any duty to review the legal situation.
XV. Place of performance, governing law and place of jurisdiction
1. The general place of performance is Obersontheim; for vehicle washing facilities and their parts, however, the place of performance is Illingen/Württemberg.
2. The law of the Federal Republic of Germany shall exclusively apply.
3. In relation to mercantile traders within the meaning of the German Commercial Code, legal entities under public law and public law funds, it is agreed that the court with jurisdiction at the place where our company has its registered office shall have exclusive jurisdiction. We are furthermore entitled to sue the Customer at his place of business. This is without prejudice to legal provisions that take precedence, in particular those relating to exclusive jurisdiction.

Datenschutz

Kärcher SE & Co. KG, Alfred-Kärcher-Straße 28-40, 71364 Winnenden, Germany, its subsidiaries and affiliated companies within the meaning of Section 15 German Stock Corporation Act (AktG) (jointly "Kärcher") take the confidentiality of the personal data of our visitors very seriously. Please therefore take note of the following data protection guidelines.

As controller, Kärcher carries out all data processing procedures (e.g. collection, processing, storage and transmission) in accordance with the statutory regulations.

1. Categories of data, purpose of processing and legal basis

Kärcher processes personal data of visitors for the following purposes if they have given their consent or if processing is permitted by law:

- Processing of visits (authentication, hotel reservations, Transfer, social program, restaurant etc.)
- Safeguarding our domiciliary right (avoiding unauthorised access etc.)
- Legitimate interests in required safety standards
- Assertion and defence of legal claims
- Official instructions (clarification of criminal offences, etc.)
- Statutory retention periods
- Public relations (publication of films, images and sound recordings in online and print media, including social media)

Kärcher may also process the following categories of personal data for these purposes:

- contact data (last name, first name, address, email address, telephone number, company, country, functional designation)
- Video material (through video surveillance at certain buildings, e.g. at the visitor entrances, access roads, car parks; video surveillance can be recognised by the signs) (production of films, images and sound recordings for certain occasions)

The legal basis for the processing of these personal data is points (a), (b) and (f) of Article 6 (1) of the EU General Data Protection Regulation (GDPR).

Your personal data will either be collected directly from you at the reception desk at the time of entering and leaving the Kärcher premises or collected in advance through your registration on the Kärcher website or from your interlocutor with us. If you provide Kärcher with personal data from third parties on their behalf as an interlocutor, you must have the consent of the data subject concerned in your possession.

2. Transferring personal data

Within a Kärcher location, only the departments and employees will have access to your personal data who need it to fulfil the above purposes. If necessary, your personal data will be transferred to other companies affiliated with Kärcher and third parties, however, only if this is required for the purposes mentioned above, or you have given your prior consent or if, on account of statutory regulations, Kärcher is entitled or obliged to do so (e.g. disclosure to prosecuting authorities).

Kärcher works with contract processors, e.g. service providers for IT maintenance and visitor management. These are obliged by Kärcher to comply with valid data protection regulations.

It may be necessary to transmit your personal data to the recipients above for processing beyond the scope of the GDPR. In these cases, Kärcher has implemented measures to ensure a suitable and adequate level of data protection.

3. Storage periods

We will delete your personal data no later than six (6) months after we have achieved the above purposes.

4. Data subjects rights and interlocutor

In connection with the processing of your personal data, you are entitled to demand:

- information
- rectification
- erasure
- restriction
- transfer

In addition, you can withdraw consent once given for the future.

Right to object Article 21 GDPR
You may object to the processing of your personal data on the basis of legitimate interests on grounds relating to your particular situation that speak against data processing. We will no longer process these data unless we are able to demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Your interlocutor concerning the above mentioned rights is our Data Protection Officer, who can be reached at:

datenschutzbeauftragter@de.kaercher.com

If you have a complaint relating to the use of your personal data, the competent supervisory authority is:

Baden-Württemberg Commissioner for Data Protection and Freedom of Information
Königstraße 10a
70173 Stuttgart
Phone +49 (0)711/615541-0
Fax +49 (0)711/615541-15
E-mail: poststelle@lfdi.bwl.de