Terms of Delivery and Sale of Bernhard Kaschütz GmbH (as of 2022)

1.) General

The following terms and conditions apply to all current and future sales, even if the customer stipulates other conditions.
Deviations or verbal agreements are only valid if they are confirmed by us in writing. No rights can be derived from typing errors and other
errors.

2.) Offers

Offers are submitted by us free of charge. If the offer is not explicitly declared binding for a specific period, it is considered non-binding,
unless a statutory price increase comes into effect. The offers submitted by us are only valid if the specified quantity is accepted.

3.) Orders

Orders only become binding upon our written acceptance. However, despite accepting the order, we are entitled to withdraw from the delivery contract if there are justified doubts that the customer will not be able to meet the agreed payment terms.

4.) Production facilities

Production facilities (e.g. models and model plates, tools, processing devices, etc.) supplied by the customer must clearly bear the characteristics required for assembly
and use; they alone are decisive for the external shape, dimensions and wall thicknesses of the castings.

Only upon request of the customer do we check the conformity of the delivered production facilities with the plans or drawings.
We reserve the right to charge the costs of this inspection.

The costs for changes that we deem necessary to the production facilities shall be borne by the customer, whose prior consent must be obtained.

Before the start of series deliveries, we will present sample castings to the customer, provided that their delivery has been agreed upon. They shall be deemed approved,
as soon as the customer releases them.

If the customer commissions us to procure the production facilities, they will be manufactured by us in consultation with the customer according to their specific needs and possibilities. The costs for production, replacement or repair due to wear and tear must be remunerated to us independently of the casting delivery.
The costs for the replacement of single-use models that are lost due to scrap within the normal production risk,
will not be borne by us.

Production facilities remain our property, especially if they were manufactured according to our designs, and whenever they were only partially paid for by the
customer.

The transfer of ownership of these facilities after completion of the orders takes place within the framework of special agreements, provided that
the customer pays the full costs of these facilities.

We are responsible for the maintenance of permanent molds, regardless of whether we own them or not.
The costs for repair or replacement due to wear and tear shall be borne by the customer.

The customer bears responsibility for their own production facilities; they must therefore insure themselves against their damage or destruction with us.

The production facilities will be returned to the customer upon their request or at our instigation in whatever condition they are in at the time,
provided that the production facilities and the produced castings have been paid for.
If, however, these production facilities remain with us, they will be stored free of charge for a period of 3 years from the execution of the last order.
Thereafter, a corresponding agreement must be made.

We undertake not to use the above-mentioned production facilities, regardless of whether we own them, for deliveries to third parties.

The customer shall indemnify us against claims of any kind that may be asserted against us if patents, registered
trademarks or other intellectual property rights are infringed by the execution of their order.

5.) Prices

All prices quoted by us are ex works Rohrbach/Gölsen. Unless otherwise agreed, the prices valid on the day of the order will be charged.
prices. The statutory value added tax will be charged separately. The prices are only valid for the agreed quantities. For smaller quantities we charge
corresponding price surcharges.

Discounts or cash discounts granted once are only valid for the respective transaction and do not establish any legal claims for subsequent transactions. If such
special conditions are to apply to the entire ongoing business relationship, they must be expressly agreed upon in writing and are valid until revoked.

6.) Delivery periods

It is expressly emphasized that, in view of the technical specifics in the foundry industry, delivery periods are only to be regarded as approximate. Claims for damages due to any exceeding of the delivery date are generally rejected by us.

Obstruction of delivery, the elimination of which is not within our sphere of possibilities (e.g. epidemics, mobilization, war, delayed or faulty
deliveries of necessary raw materials, scrap of castings, etc.) are considered "force majeure" and release us for the duration and extent of such
circumstances and their consequences from the obligation to deliver, without the customer being entitled to a claim for damages.
Deliveries before the expiry of the delivery period and partial deliveries are permissible.

7.) Packaging

Packaging is carried out at our discretion with all due care. Special requests are at the expense of the customer. We are not obliged
to take back packaging material, with the exception of standardized loading equipment (pallets, mesh boxes, etc.). If such items are not returned,
a charge will be made.

8.) Shipping

Shipping is always at the risk of the customer ex works. We are not liable for damaged or lost goods.
The customer must assert their rights against the transport company themselves.

9.) Warranty – Liability

The customer bears full responsibility for the design of the castings with regard to their intended use, which is precisely known only to them.

They therefore decide solely on the specification of the castings and their acceptance conditions. They are also responsible for deciding which checks and
tests are to be carried out.

We assume no liability for the functionally correct design of the castings and the correct choice of material. This liability also excludes defects
that occur during use, due to wear and tear or excessive stress, as well as during normal stress due to functionally unsuitable
design of the castings or their unsuitability to fulfill the intended purpose.

Any improvements in the execution suggested by us do not establish any liability for the suitability of the castings, for which the customer bears exclusive
responsibility.

Orders placed according to drawings, sketches or information from the customer are carried out at the customer's risk with regard to patent, design and trademark law.
Our warranty is limited to the delivery of castings that comply with the contractually agreed technical conditions or the sample castings expressly approved by the buyer.

Unless further control has been agreed, we only carry out a simple visual inspection of the castings. Further controls will only be carried out upon
special order of the customer and at their expense.

In any case, we reserve the right to inspect alleged defects beforehand in the customer's workshops.

We are liable for damages outside the scope of the Product Liability Act (BGBl. No. 99/1988) within the framework of the statutory provisions, provided that
intent or gross negligence can be proven against us. Liability for slight negligence is excluded, as is compensation for consequential damages and
pecuniary damages, processing costs, installation and removal of the defective part, business interruptions, production losses and contractual penalties.

For property damage suffered by a consumer, we are liable according to the provisions of the Product Liability Act.
Neither we nor our upstream and downstream suppliers are liable for property damage suffered by an entrepreneur.

In the event of non-compliance with any conditions, such as approval regulations, operating instructions and operating manuals, any claim for damages is excluded.
To secure the warranty claim, the customer is obliged to report defects immediately after their discovery and to demand their free rectification,
within a maximum of the following periods from the date of delivery:

– 30 days for visible defects
– 8 months for all other defects

After these deadlines, any claim will be rejected.

The rejected goods must be made available to us immediately, unless otherwise agreed, otherwise the warranty claims will be forfeited.
We have the option to either repair the goods, provide a replacement delivery, or issue a credit note.
We bear the costs for self-performed repairs. However, we are not obliged to bear the costs for repairs that the customer has carried out on faulty
castings or other products without having obtained our prior consent. Any repair carried out by the customer without our consent
results in the loss of the warranty claim.

10.) Retention of Title

The goods remain our property until full payment of all claims existing at the time of delivery or arising in the future.
By processing the goods with other goods belonging to the customer, the customer does not acquire ownership of the new item; rather,
the processing is carried out by the customer for us. In the event that the goods subject to retention of title are processed with other goods belonging to us or purchased under simple retention of title, we acquire sole ownership of the processed product. If the goods subject to retention of title are processed with other goods likewise purchased under extended retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the invoice value of the other processed goods. In the event of resale of the goods subject to retention of title, the customer hereby assigns to us the purchase price claims against their customers arising in the future, and they undertake to mark all invoices for the goods subject to retention of title with an assignment notice, from which it is unequivocally clear that payments with debt-discharging effect can only be made to us. The customer
undertakes to notify us immediately of any third-party access to the goods subject to retention of title.

11.) Payment

Invoices are – unless otherwise agreed – payable within 10 days from the invoice date with a 2% discount or net within 30 days.
Bills of exchange are only accepted on account of payment. All costs of any kind arising from the redemption and discounting of these documents,
shall be borne by the buyer. We are entitled to refuse the acceptance of bills of exchange and checks without stating reasons.

12.) Payment default

If the payment deadline is exceeded, we will charge default interest, which is 4% above the respective valid overdraft interest rate, plus VAT.
Furthermore, we demand those costs that accrue to us from reminders, out-of-court collection of the claim, registration or participation in bankruptcy,
settlement or compulsory settlement proceedings.

13.) Place of jurisdiction – Place of performance

For all rights and obligations arising from the business, the place of performance and jurisdiction is A- 3180 Lilienfeld, and exclusively Austrian law shall apply. This also applies to the interpretation of these terms of delivery and sale.
These terms of delivery and sale are deemed tacitly accepted by the buyer unless an objection has been raised in writing before the first delivery to them.