Disclaimer

Disclaimer

HERRENKNECHT VERTICAL GmbH

Im Heidenwinkel 5
77963 Schwanau
Germany

PO BOX 30
77961 Schwanau
Germany

T +49 7824 302-1300
F +49 7824 302-1330
info(at)vertical-herrenknecht.de

HERRENKNECHT VERTICAL GmbH is entered in the Commercial Register at the registry court of Freiburg i.B., Germany, under the number HRB 391547. The tax identification number of HERRENKNECHT VERTICAL GmbH is DE814340101.

Exemption from liability

Terms and Conditions

1. Liability for proprietary information

HERRENKNECHT VERTICAL GmbH has made the present Web site available free of charge. HERRENKNECHT VERTICAL GmbH shall not bear responsibility for the actuality, accuracy, completeness, or quality of the information made available. The liability of HERRENKNECHT VERTICAL GmbH for damage of any kind that was caused by the use or non-use of the available information or through the use of incorrect or incomplete information is principally excluded to the extent that HERRENKNECHT VERTICAL GmbH, its executive managers and their staff have not willfully committed an act of culpable negligence.

2. Liability for third-party information

HERRENKNECHT VERTICAL GmbH is not liable for unlawful, third-party information that is retrievable from or via the Web site of HERRENKNECHT VERTICAL GmbH as long as HERRENKNECHT VERTICAL GmbH has no knowledge of this third-party information. If HERRENKNECHT VERTICAL GmbH obtains such knowledge, it is only obliged to remove such unlawful, third-party information from its proprietary Web site. Further claims against HERRENKNECHT VERTICAL GmbH do not exist. Direct or indirect references to third-party Web sites ("links") represent third-party information. Because HERRENKNECHT VERTICAL GmbH has no influence on the current or future design of linked, third-party Web sites, HERRENKNECHT VERTICAL GmbH expressly distances itself from all contents of all linked, third-party Web sites as well as from third-party entries in guest books, discussion forums, or mailing lists that may be set up by HERRENKNECHT VERTICAL GmbH. HERRENKNECHT VERTICAL GmbH shall also distance itself from all contents on linked, third-party Web sites that were changed after the link had been established. Alone the supplier of the respective third-party Web site, from which the contents are offered, is liable for third-party information and contents and especially for any damage that results from the use or non-use of such kind of information and contents.

3. Not-binding product description

HERRENKNECHT VERTICAL GmbH produces highly complex, technical products. Information on this Web site is based solely on an initial coarse description of the products of HERRENKNECHT VERTICAL GmbH and comes second to contractual agreements and to the general terms and conditions of trade of HERRENKNECHT VERTICAL GmbH. All information with regard to the products as well as dimensions, weight, and performance data only apply as an approximation and do not represent any quality or durability guarantees. HERRENKNECHT VERTICAL GmbH recommends that the customers consult with the staff of HERRENKNECHT VERTICAL GmbH.

4. Right to adjust or change Web site

All offers on the HERRENKNECHT VERTICAL GmbH Web site are subject to change without notice and are not binding. HERRENKNECHT VERTICAL GmbH expressly reserves the right to change, supplement, or delete sections of the Web site or the entire Web site without giving special notice. It also reserves the right to temporarily or to definitively stop publication.

5. Access and use at your own risk

Access to and use of the Web site are at the risk of the user. HERRENKNECHT VERTICAL GmbH recommends that the Internet user protect himself or herself by using firewalls, virus protection programs and other similar programs.

6. Copyrights of HERRENKNECHT VERTICAL GmbH

The HERRENKNECHT VERTICAL GmbH Web site is protected by copyright. Use, meaning, for example, reproduction or use of texts, pictures, sketches, drawings, graphics, audio documents, video sequences, and other integral components of the Web site is not permitted without the explicit, prior, written permission of HERRENKNECHT VERTICAL GmbH. Only the documents compiled in HERRENKNECHT VERTICAL GmbH's graphics archive may be used without explicit, prior, written permission. This exemption from liability is to be considered a part of the Internet offer from which this site was referred to. If sections or individual formulations of this text should not, no longer, or not completely correspond to the legal position in effect, the remaining sections of the document shall remain unaffected by this with regard to content and validity.

7. Choice of law, court of jurisdiction

For all claims that are submitted in connection to this Web site, the laws of the Federal Republic of Germany shall apply, whereby the rules of international rights to privacy shall be accepted. The exclusive place of jurisdiction is Schwanau; where the principal place of business of HERRENKNECHT VERTICAL GmbH is located. This agreement as to the jurisdiction of the court in the event of litigation shall only apply to fully qualified merchants and foreign contractual partners as well as legal persons representing public rights and the public and legal special fund.

General Conditions of Purchase

1 Conclusion of Contract

1.1 Orders, agreements and changes are only binding, if the purchaser issues or confirms them in writing. Declarations sent by fax or e-mail are also legally binding. Written orders do not require the signature of the purchaser in order to be valid. All correspondence shall be conducted with the purchaser's purchasing department. Agreements made with other departments which alter the specific terms set out in this contract, require explicit written confirmation from the purchaser's purchasing department in the form of an amendment to the contract.

1.2 The supplier is required to issue confirmation of acceptance of the order to the purchaser within 10 days.

1.3 The supplier's delivery conditions are only valid once they have been explicitly confirmed in writing by the purchaser. The performance of the order is deemed acceptance of these General Conditions of Purchase.

1.4 The supplier is required to treat the conclusion of the contract as confidential. He may only name the purchaser as a reference to a third party with the purchaser's written permission.

1.5 The data necessary for processing the commercial transaction will be saved by the purchaser in accordance with the statutory rules governing Data Protection and processed automatically at a central processing unit.

2 Prices

2.1 The agreed prices are fixed prices - plus the legally applicable VAT at the time - delivered free of charge to the place of use including packaging and freight charges. When a price is agreed on "ex works" or "from stock", the purchaser assumes only the most favourable freight costs. The supplier is responsible for all costs incurred up to the hand over to the freight carrier including loading and haulage. The agreement regarding the place of performance is not affected by the type of price quotation.

2.2 The purchaser retains the right to accept or reject surpluses or deficiencies in the delivery. Evidence of Origin / Technical Documentation

3.1 Evidence of origin requested by the purchaser (e.g. supplier declarations, movement of goods certificate in compliance with the EEC EFTA determination of origin) will be duly supplied by the supplier, including all necessary details, and made available without delay.

3.2 The Service and Operating Instructions and lists of replacement parts requested by the purchaser are to be handed over on delivery.

3.3 The required documentation is considered as an essential part of the order. As long as the documentation is not made available, the order is not considered as delivered in full.

4 Deadlines

4.1 If the supplier realises that the agreed deadlines cannot be met for any reason, he is obliged to give the purchaser verbal or written notice thereof without delay.

5 Claims for defects

5.1 The delivery must be free of defects and comply with the relevant rules of the authorities and the trade organisations.

5.2 The claims for defects prescribe 24 months after commissioning or following the delivery to the end customer and end at the latest 36 months after delivery to the purchaser.

5.3 The purchaser will inspect the delivery upon receipt, to the extent that this is customary in the ordinary course of business and for the type and use.

5.4 If the purchaser demands to remedy any defect the supplier will meet this claim without delay.

5.5 In urgent cases, or if the supplier fails to meet the claims for defects, the purchaser can undertake the necessary measures himself at the supplier's expense and without affecting the liability. With the exception of urgent cases, the supplier is informed before the measures are carried out.

5.7 The claims for defects prescribe 6 months after the notification of deficiency is raised, at the earliest, however, with the expiration of the periods mentioned under 5.2.

6 Drawings and Other Documents

6.1 Before beginning construction work, all drawings are to be discussed with the purchaser. Following the execution of the work, the supplier is required to send the purchaser the corresponding drawings, calculations and other technical documents related to the actual model produced in the required numbers and form without delay. The supplier is obliged to transfer title to the purchaser free of charge. Any intellectual property rights to the documents remain unaffected by this. The purchaser or third party is permitted to use them free of charge for maintenance and alterations and for the manufacturing of replacement parts.

6.2 The purchaser's acceptance of the drawings, calculations and other technical documents does not affect the supplier’s sole responsibility in respect of the delivery. As long as the supplier does not issue a written objection, this also applies to the purchaser's suggestions and recommendations, as well as changes discussed between the supplier and the purchaser.

6.3 All types of documents, machines, tools, models, etc., which are left with the supplier remain the property of the purchaser and may only be used or made available to third parties for the purposes agreed in the contract. The purchaser retains all rights to drawings produced according to his specifications and procedures developed by him.

7 Dispatch Transport Regulations

7.1 The purchaser’s dispatch and transport regulations as applicable from time to time must be observed.

8 Payment

8.1 Payment is due 14 days after the complete delivery and receipt of an invoice in the form stipulated in 8.6 with 3 % discount or in 60 days net.

8.2 If a bill of exchange is given in payment by the purchaser, the tax and a reasonable discount rate will be paid.

8.3 Payment by the purchaser is not deemed acceptance of the invoice.

8.4 The purchaser is entitled to offset the claims which the supplier holds against him with all claims to which he is entitled from the supplier.

8.5 With the purchaser's written consent, the supplier's claims from this contract can be transferred to a third party. For transfers, which are caused by an extended retention of title, consent is deemed to have been given at the onset.

8.6 Only Invoices which bear the purchaser's order number, contract number and project number (if this was supplied with the order) will be instructed for payment.

9 Performance, Jurisdiction, Applicable law

9.1 The place of performance for deliveries and services is the purchaser's principal place of business or the delivery address on the order, for payments it is the purchaser's place of business.

9.2 The place of jurisdiction is the headquarters of the court generally responsible for the purchaser. The purchaser is, however, entitled to sue the supplier at the supplier’s general place of jurisdiction.

9.3 In addition to the conditions of the contract, the relevant law of the Federal Republic of Germany governing legal relationships between domestic parties applies exclusively.

Herrenknecht Vertical Company Standards

Nr.

Company Standard Title

Revision Status

WN-HKAG-1.2-003

Guidelines for coating, preservation and packing

Rev. 13

WN-HKAG-2.4-002

Specification ofor hose lines in hydraulics

Rev. 2

WN-HKAG-1.2-010

Steelwork workmanship and testing

Rev. 5

WN-HKAG-1.2-016

Designation system for certification of material characteristics

Rev. 2

The complete company standards can be provided on request. The company standards are protected by copyright. They may not be used or utilized in any way without the prior permission of HERRENKNECHT VERTICAL GmbH. In particular, this applies to duplication, translation and filing and processing in electronic data systems. The English translation is for reference only. The German text is binding.