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TERMS AND CONDITIONS OF FEUERWEHRTECHNIK BERLIN

1 General and scope of application The following General Terms and Conditions apply to all contracts concluded between Feuerwehrtechnik Berlin (hereinafter referred to as “the Seller”) and the Buyer for the delivery of goods and vehicles. The Seller does not recognize and hereby expressly rejects any terms and conditions of the Buyer that conflict with or deviate from these General Terms and Conditions. Deviating general terms and conditions of the Buyer, supplementary agreements and/or ancillary agreements are only valid if the Seller expressly agrees to them in writing. The statutory provisions on the precedence of individual agreements remain unaffected by this. These General Terms and Conditions contain different provisions for consumers and entrepreneurs. Pursuant to Section 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into liabilities. 2. offer and conclusion of contract The purchase contract is concluded with the order confirmation, or the down payment from the consumer or entrepreneur, or delivery of the goods. 3. prizes 3.1. The prices quoted by the seller for delivery within Germany are exclusive of the applicable statutory VAT, currently 19%, ex works. 3.2. For deliveries outside of Germany, separately agreed VAT rates will be charged. 4. delivery 4.1. Delivery will be made within Germany as soon as possible after receipt of the buyer’s payment, or by arrangement. If the goods are to be delivered abroad, the delivery time is up to 8 weeks. 4.2. The seller is entitled to make partial deliveries. 4.3. If the buyer is an entrepreneur, all risks and dangers of shipment are transferred to the buyer. 5 Terms of payment 5.1. Various payment methods are available to the buyer. Only bank transfers are valid for new vehicles. For used vehicles, payment can be made by bank transfer or cash. With the payment method “on account”, the amount is due within 10 days.

5.2 In the event of default of payment by the Buyer, the statutory provisions on default shall apply. The interest rate for a consumer is 5% points above the base interest rate per annum in accordance with § 288 BGB and 8% points above the base interest rate per annum for an entrepreneur. 5.3 Down payments on new and used vehicles can only be refunded within 4 weeks of the conclusion of the contract. However, these must be claimed by the buyer. Should the buyer or entrepreneur fail to meet this deadline, the seller has the right to retain 100% of the down payment without the buyer or entrepreneur having the right to a refund. 6 Warranty / Liability 6.1 With regard to liability for material defects (warranty), the statutory provisions shall apply. If the manufacturer/seller also grants a voluntary guarantee, this will be indicated separately with the goods offered. 6.2 The seller shall exercise the utmost care when preparing the offer at Feuerwehrtechnik Berlin. Errors and changes with regard to the accuracy of manufacturer information, product descriptions and prices as well as for printing errors, technical changes and for reading errors caused by caching remain reserved. 6.3 The following applies to contracts with entrepreneurs or legal entities under public law: a. Claims for material defects shall lapse 12 months after the transfer of risk b. Obvious defects must be reported within a period of 14 days, otherwise they shall be deemed to have been approved. Shortages must be reported within 4 days. c. If the transaction is a commercial transaction for both parties, the buyer shall, in deviation from clause b., comply with the obligations of § 377 HGB (German Commercial Code), i.e. to inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect or shortage is found, to notify the seller immediately. If notification is omitted or delayed, i.e. not made immediately, the goods shall be deemed to have been approved. Hidden defects must be reported immediately after their discovery, otherwise they shall also be deemed to have been approved if they are not reported or are reported late. In the case of used goods, the following shall always apply, even if not individually agreed: “Purchased as seen/inspected to the exclusion of any warranty” d. In the event of a defect in the purchased item, the seller shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a defect-free item. The Buyer shall grant the Seller a reasonable period of time, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs. In the context of the delivery of a new defect-free item or the repair of a defective item, the seller shall neither remove the defective item nor install the defect-free item or the item free of defects after repair. In the case of subsequent performance, the seller shall only bear the necessary expenses up to the amount of the purchase price. e. If the subsequent improvement within the meaning of § 440 BGB fails, the buyer may, at his discretion, demand withdrawal or reduction. f. In the case of notices of defects, the buyer may only withhold payments if a defect is claimed and there is no doubt as to its justification, or if the notice of defect is undisputed or its justification has been legally established. If the notice of defects is unjustified, the Seller shall be entitled to demand reimbursement of the expenses incurred by him from the Buyer. g. Any further claims of the Buyer, in particular for consequential damages, are excluded. This does not affect the unlimited liability for damages resulting from injury to life, body or health as well as other damages which are based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability shall also apply in the event of a breach of cardinal contractual obligations, i.e. such contractual obligations on the fulfillment of which the customer relies and may rely. Otherwise, liability shall be limited to the damage typically incurred in the commercial transactions on which these GTC are based.

h. Liability under the Product Liability Act remains unaffected. i. The statutory limitation period within the scope of a delivery recourse pursuant to §§ 478, 479 BGB remains unaffected. 7 Retention of title 7.1 The delivered goods shall remain the property of the seller until the purchase price has been paid in full. 7.2 The following applies to entrepreneurs: a. The Seller retains title to the goods (reserved goods) until all payments arising from the business relationship with the Buyer have been received. b. If the Buyer fails to meet its payment obligation despite a reminder with a deadline, the Seller may demand the return of the reserved goods still in its ownership without setting a further deadline. The transportation costs incurred shall be borne by the Buyer. The taking back of the reserved goods by the seller shall always constitute a withdrawal from the contract. The seller is authorized to dispose of the goods subject to retention of title once they have been returned. This also means that new vehicles already ordered by the seller for which advance payments have been made by the buyer/contractor become the property of the seller in full, without any legal claim on the part of the buyer/contractor. 8. revocation instruction for consumers (§ 13 BGB) 8.1 Consumers (see section 1 above) have the following right of revocation. Right of revocation You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 1 month of the conclusion of the purchase contract without giving reasons. Upon conclusion of the purchase contract, the buyer/contractor agrees to have read and accepted these terms and conditions. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. Revocation and return of the goods must be addressed to: Feuerwehrtechnik Berlin Ligusterweg 31 12437 Berlin Telephone number: 0049- (0) 30- 530 17756 Fax number. 0049 (0) 30- 530 17757

Consequences of revocation In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. End of the withdrawal policy 8.2. The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the buyer/entrepreneur. 9. information for consumers in distance selling contracts and customer information in e-commerce contracts a) The seller is not subject to any special codes of conduct not mentioned above. 10. final provisions, miscellaneous 10.1. The law of the Federal Republic of Germany shall apply to the contractual relationship between the seller and the buyer as well as to the respective terms and conditions. If the buyer is a consumer, the applicable statutory regulations and rights in favor of the consumer under the law of the buyer’s country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. 10.2. The exclusive place of jurisdiction is the court at the seller’s place of business; the seller also has the right to sue at the buyer’s place of business. 10.3. Should individual provisions of this contract be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provision. Status: Berlin 30.01.2019

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