


		The Krampitz Tanksystem GmbH is a world-wide active, high-specialized manufacturer of transportation tank and storage tank systems for media of all kinds (fuel, lubricant, vegetable oil such as palm oil, chemistry, Adblue, water, waste water). The brand name of our tanks is their patented cubic design. This ensures security, functionality, optimal space utilization, economical transport and simple integration into existing systems.

.: PRODUCT OVERVIEW :.
MINOTAUR • Storage Tank • Storage Container • Tank Container • Process Container • Diesel Bunker, Fuel Depot • Veg Oil Power Station • Veg Oil Tank CHP • Vegetable Oil Tank ISO 20ft • Aviation Fuel \| Jet Fuel • Helicopter Gas Station • Marine Fuel Boat Fuel • Mobile Tank Station • Building Tanks, Service Stations, Gas Stations • Turnkey Gas Station With Office Room • Water Tank Water Container BASIS • Single-wall Tank • Catch Tank, Sump Tank • Single-wall Tank XL • Catch Tank, Sump Tank XL • Double-wall Tank • Single-wall Storage Tank • Double-wall Storage Tank • Security Tank System • Garages Tank Vegetable Oil • TANKHEXE - Veg Oil Tank • HEIZHEXE - Wood-distilling Apparatus Buffer Memory Solar • Tank Station Up To 50000 Ltr • Heavy Oil Tank, Heavy Oil, Heavy Fuel Oil • Adblue Urea Storage Tank • Bioethanol Storage Tank CENTAUR • Transport Tank System • ISO Transport Tank System • Tank Trailer • Tank Car Mobil Tank System OPTIMAL • Double Wall Tank • Dosing System/ Dosage System • Oil Dispensing Unit • Diesel Dispensing Unit • Diesel/oil Dispensing Combination • Oil Supply System • Oil Supply System Ideal • Oil Supply Systems, Oil Tank • Tank Stack Combination 2 X 500 L • Stack Combination 2 X 2000 L • Storage Tank, Storage Tanks • Fuel Depot/ Tank Farm PEGASUS • Tank Manufacturer Mining Industry, Gas Station Mining Industry • Roll Off Containers Roll-Off EQUIPMENT • Hand Vane Type Pump • Gyroscope Pumps • Gerotor Pumps • Gear Pump • Pump Unit • Pump Combination

.: COMPANY :.
• Krampitz Tanksystem GmbH • Product Overview • References • Contact • General Trading Conditions • Imprint

Krampitz Tanksystem GmbH

Sales Terms and Delivery Conditions

(as at January 2007) of company Krampitz Tanksystem GmbH, Dannenbergerstr.15, 21368 Dahlenburg

§1
General - Coverage

(1) Our sales terms exclusively apply; conflicting or deviating condition thereof by the customer are not acknowledged unless expressly endorsed by us in writing. In fulfilling orders our sales terms apply regardless of conflicting terms by imposed by the customer.
(2) All agreements between us and customer regarding fulfilment of contract, are to be put into writing in the contract.
(3) Our sales terms exclusively apply to entrepreneurs in terms of §310Abs. 1BGB
(4) When using received goods property rights of third parties are to be respected.

§2
Offer - Bidding Documents

(1) Our offer is subject to change, provided that nothing to the contrary ensues form the confirmation of the order.
(2) We reserve our rights of ownership and proprietary rights to diagrams, drawings, calculations and other documentation. This also applies to such written documentation, which is designated as "confidential". The customer requires our express written agreement before passing them on to third parties.

§3
Price - Payment Terms

(1) Provided that nothing to the contrary ensues from the confirmation of order, our prices stated are in Euro and ex works, excluding packaging.
(2) We reserve the right to adjust our prices accordingly if costs are either reduced or increased after conclusion of the agreement if the stated term of delivery is longer than 4 months, particularly on account of collective wage agreements or changes in the costs of material. We will provide evidence of these to the customer on request.
(3) The statutory value-added tax is not included in our prices; it is stated separately on the invoice and charged at the rate applicable on the invoice date.
(4) Discount may only be deducted upon specific written agreement.
(5) Provided that nothing contrary ensues from the confirmation of order, the net purchase price without any deductions will be due within 30 days of the invoice date. The statutory regulations concerning default in payment will apply.
(6) The customer is only entitled to rights of setting off accounts, if his counter claims are legally valid, undisputed or have been accepted by us. In addition, the customer is authorised to exercise a right of retention only insofar as his counter claim is based on the same contractual relationship.

§4
Delivery Period

(1) A statement regarding the services to be rendered will be indicated in the confirmation of order, and the presumable completion date will be specified. The agreed period of delivery is approximate. It commences with the day on which the confirmation of order is sent, however, not before clarification of all execution details. If customer wishes to make any changes after the confirmation of order, the delivery period will be rearranged.
(2) The delivery period will be regarded as observed if the goods to be delivered has left our works/warehouse before the term of delivery has expired or readiness for dispatch of the buyer has been notified.
(3) The conclusion of the contract takes place under the reservation of the correct and punctual self supply via our suppliers, in particular at the time of conclusion of a congruent hedging transaction.
(4) Should non-compliance with delivery time be due to force majeure or other events beyond our control, the delivery time will be extended accordingly. We will inform the customer at the earliest possible opportunity should any such circumstance come about or cease.
(5) If the customer is responsible for default of acceptance, or if the customer infringes upon any other duties to co-operate, we are entitled to charge the customer the loss or damage incurred to us, including any additional expenses incurred. We reserve the right to assert other claims.
(6) If the conditions under clause (5) are satisfied, the risk of accidental loss or accidental deterioration of the object of sale will pass to the customer at the time the customer gets into default in accepting or a delay in payment.
(7) Moreover, we will be liable in accordance with the statutory provisions if the delay in delivery is based on a breach of contract with wilful intent or gross negligence, which we are responsible for; a fault of our representatives or vicarious agents is to be attributed to us. Provided that the delay is not based on a breach of contract with wilful intent, which we are responsible for, our liability for compensation is limited to foreseeable, typically occurring damage.
(8) We will also be liable in accordance with the statutory provisions, insofar as the delay in delivery, which we are responsible for, is based on the culpable breach of a essential contractual obligation; in this case, however, the liability for compensation is limited to the foreseeable, typically occurring damage.
(9) The customer reserves the right to further statutory claims.

§5
Risk Transfer - Packaging Charges

(1) The delivery condition "ex works" will apply provided that nothing to the contrary ensues from the confirmation of order. The risk of accidental loss or deterioration of the goods is transferred to the customer when handing over the goods to the freight agent or the carrier, or lading the goods on our vehicles, at the latest when the goods leaves the works or the warehouse.
(2) We will cover the delivery with a transport insurance upon the request of the customer; the costs thus incurred will be borne by the customer.

§6
Liability for Defects

(1) Warranty Claims of the customer require that he has fulfilled his obligations of inspection and notice of defects in accordance with §377 German Commercial Code (HGB). The customer is entitled to inspect the goods immediately on receipt insofar as this is expedient in the ordinary course of business, and to report us and the carrier any defects immediately upon discovery.
(2) Insofar as a defect of the object of sale exists, we are entitled at our discretion to supplementary performance in the form of an elimination of the defect or the supplying of a new object, which is free of defects. In case of the elimination of the defect we are obliged to bear all the expenditure necessary for the purpose of the elimination of the defect, in particular transport, labour and material costs, subject to these not increasing as a result of the object of sale having been moved to a different location than the place of performance.
(3) The customer is entitled at his discretion to demand withdrawal or reduction of the purchase price if the supplementary performance fails.
(4) We will be liable in accordance with the statutory provisions if the customer makes a claim for damages, which is based on wilful intent or gross negligence, including the wilful intent or gross negligence of our representatives or vicarious agents. Insofar as we are not blamed for any breach of contract with wilful intent, the liability for compensation is limited to foreseeable, typically occurring damage.
(5) We will be liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, the liability for compensation is limited to foreseeable, typically occurring damage.
(6) Our liability is limited, also within the scope of clause (3), to compensation for foreseeable, typically occurring damage, insofar as the customer is entitled to a claim for compensation of the damage instead of the performance.
(7) Liability because of culpable injure to life, body or health remains unaffected; this also applies to the mandatory liability in accordance with the product liability law.
(8) The warranty claims apply neither to natural wear and tear nor damages caused by unsuitable handling, excessive stressing, unsuitable operating material, faulty building and defective building ground after risk transfer. Also improper alterations or repairs or maintenance carried out by the purchaser or third parties are excluded from the warranty claims.
(9) Liability is excluded, insofar as nothing to the contrary is regulated above.
(10) The statutory period of limitation for warranty claims, which is not related to a construction or a work based on planning and supervision performances, amounts to 12 months starting from the day of acceptance.
(11) The statutory period of limitation in case of a claim under a right of recourse within the §478, §479 BGB remains unaffected. It amounts to 5 years starting from the handover of the defective object.

§7
Aggregate Liability

(1) Any further liability for damages than provided for in §6 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to compensation claims resulting from negligence in contracting, due to other breaches of duty or due to tortious claims for compensation of material damage in accordance with § 823 BGB.
(2) The limitation in accordance with clause (1) also applies insofar as the customer demands compensation for futile expenditure rather than performance, instead of a claim for compensation of the damage.
(3) Insofar as the liability for compensation vis-à-vis us is excluded or limited, this also applies in respect of the personal liability for compensation of our salaried employees, workforce, staff members, representatives and vicarious agents.

§8
Retention of Title

(1) We retain title to the object of sale until all payments from the contract for delivery have been received. We are entitled to take back the object of sale in the event of conduct contrary to the terms of the contract by the customer, in particular in case of default in payment. The taking back of the object of sale by us constitutes a withdrawal from the contract. We are entitled to the realisation of the object of sale following its taking back. The realisation proceeds are credited to the indebtedness of the customer - less reasonable realisation costs.
(2) The customer is obliged to treat the object of sale carefully, in particular being obliged to adequately insure at his own expense the object of sale at original value against fire, water and theft damage. The customer has to punctually carry out maintenance and inspection work at his own expense, if these are necessary.
(3) The customer must immediately inform us in writing in case of levies of execution or other interventions of third parties, in order that we can institute legal proceedings in accordance with § 771 ZPO (German Code of Civil Procedure). The customer will be liable for the loss incurred by us, insofar as the third party is not in a position to reimburse to us the judicial and extrajudicial costs of the litigation in accordance with § 771 ZPO.
(4) The customer is entitled to resell the object of sale in the regular course of business; however, he assigns to us, already at this stage all of the accounts receivable to the value of the total invoiced amount (including turnover tax) of our receivable, which accrues to it from the subsequent disposal to its customers or third parties, and in fact irrespective as to whether the object of sale has been resold without or after processing. The customer remains authorised even after the assignment to collect this receivable. Our entitlement to collect the receivable ourselves will remain unaffected thereby. We undertake, however, not to collect the receivable, while the customer fulfils its obligations to pay from the collected proceeds, does not get into a default in payment situation and in particular no application is made for composition proceedings or insolvency proceedings to be commenced or suspension of payment exists. If this is, however, the case we can demand that the customer informs us of the assigned accounts receivable and their debtor, provides all the details required for the collection, hands over the appropriate documents and informs the debtors (third parties) of the assignment.
(5) Processing or refashioning of the object of sale by the customer is always carried out for us. We will acquire joint ownership in the new object in proportion of the value of the object of sale (total invoiced amount, including turnover tax) to the other processed items at the time of the processing, if the object of sale is processed with other items, which do not belong to us. In other respects, the same applies to the object, which was created by processing, as to the object of sale, which was delivered conditionally.
(6) We will acquire joint ownership in the new object in proportion of the value of the object of sale (total invoiced amount, including turnover tax) to the other mixed items at the time of the mixing, if the object of sale is mixed inseparably with other items, which do not belong to us. It is hereby agreed that the customer transfers joint ownership proportionately to us, if the mixing is carried out in the manner that the object of the customer is to be seen as the main object. The customer holds the exclusive ownership or joint ownership, which has thereby arisen, in safe keeping for us.
(7) The customer also assigns to us those accounts receivable as security for our accounts receivable due from it, which accrue and are due from a third party because of the connecting of the object of sale with a plot of land.
(8) We undertake to release the collateral, which we are entitled to, at the request of the customer, insofar as the realisable value of our collateral exceeds by more than 10% the accounts receivable, which are to be secured; the selection of the collateral to be released lies with us.
§9. Place of Jurisdiction - Place of Performance
(1) The official location of our company is the place of jurisdiction, provided that the customer is a businessman; we are, however, entitled to also institute legal proceedings against the customer at the court of his place of residence.
(2) The law of the Federal Republic of Germany applies; the validity of the UN law on sales is excluded.
(3) The official location of our company is the place of performance, provided that nothing to the contrary ensues from the confirmation of order.