GTC

General Terms and Conditions (GTC) of PPU Umwelttechnik GmbH

I. Scope of application & defence clause STATUS 1 OCTOBER 2025
1. The contracting parties to the contracts concluded under the following General Terms and Conditions (GTC) are PPU Umwelttechnik GmbH (hereinafter referred to as “PPU”) and the Client. The Client can find PPU’s contact details in section 1.4.
These GTC, in the version available at the time of conclusion of the contract, apply exclusively to contracts concluded between the Client and PPU. Any conflicting GTC of the Client shall not apply.
2. The goods, services, or other offers provided by PPU are intended for entrepreneurs and consumers. Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity. A consumer is any natural person who enters a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
3. The General Terms and Conditions do not apply if the contracting parties have agreed otherwise in writing in individual contracts (project-related contracts for work and services and contracts for work and services with delivery). If the Client is an entrepreneur, the General Terms and Conditions of PPU shall also apply to future terms and conditions.
4. Contact details of PPU:
PPU Umwelttechnik GmbH HypoVereinsbank Bayreuth
Carl Kolb Strasse 6 IBAN: DE 8877 3200 7200 2542 4794
95448 Bayreuth BIC: HYVEDEMM412
Register court: Bayreuth Phone: +49 (0)921-1511 020 0
Fax: +49 (0)921-1511 020 19
HRB no.: 4726 [email protected] VAT ID no.: DE259224458 www. clearfox.com

II. Conclusion of contract
1. The contract between PPU and the Client shall only come into effect upon receipt of the order confirmation or invoice from PPU in written form.
2. The prices quoted by PPU are in euros plus the applicable sales tax at the statutory rate, which is shown separately. Verbal price and service information as well as other statements or assurances made by sales employees, sales representatives, or other PPU employees are only binding for PPU if they have been confirmed by PPU in writing.
3. When ordering goods to be manufactured individually (work performance), the order must contain a description of the services, functions, and specifications (performance characteristics) of the goods. If the Client is an entrepreneur, they shall bear all necessary ancillary costs, such as travel expenses, costs for the transport of tools, and allowances, in addition to the agreed remuneration.
4. PPU’s service offers are subject to change and do not constitute a binding offer. The Client is merely requested to submit an offer by placing an order.
5. The documents belonging to PPU’s offer (illustrations, drawings, weight and dimension specifications) and the properties described therein are only binding if they are designated as binding in the order confirmation.
6. Information provided verbally or by telephone regarding the amount of the expected costs does not constitute a cost estimate and is not binding for PPU. Cost estimates are only binding for PPU if they are provided in writing and expressly designated as binding. A binding cost estimate will only be prepared for the Client at the express request of the Client. The Client shall pay for the preparation of a cost estimate. If, during the execution of the order, it becomes apparent that the order cannot be carried out without significantly exceeding the amount stated in the cost estimate, PPU shall inform the Client of this, indicate the expected additional costs, and obtain the Client’s consent to continue with the work.
If the Client is an entrepreneur, consent shall be deemed to have been given if they do not object to the increased costs in writing within three (3) calendar days of being notified.
The Client shall not be notified if the amount stated in the cost estimate is exceeded by an insignificant amount. An insignificant excessive amount is generally deemed to exist if the actual costs do not exceed the costs in the cost estimate by more than 20%. If the Client objects to the further execution of the order, PPU shall be entitled to invoice the costs incurred up to the time of the objection in accordance with the cost estimate.
7. Brochures, catalogues, and price lists are not binding unless otherwise agreed; information in technical documents is only binding if it is expressly guaranteed.

8. If the Client is an entrepreneur, PPU shall be entitled to withdraw from the contract if, after the order confirmation has been issued and before delivery or acceptance, there are exceptional increases in raw material or energy costs of at least 20% that may affect the sales price. Proof of the cost increase shall be provided to the Client upon request as soon as and to the extent that it has occurred. In the event of withdrawal, PPU shall be obliged to reimburse the Client immediately for any consideration already paid.

III. Delivery, acceptance
1. Delivery shall be made at the expense of the Client to the delivery address specified by the Client. Immediate unloading by the Client is required, insofar as the Client is responsible for unloading. The Client shall compensate for any damage and additional expenses incurred as a result of unsuitable delivery routes or delayed unloading.
2. Delivery dates are always agreed individually and require confirmation in writing from PPU. A delivery date specified in the order confirmation is only an approximate delivery date, unless a fixed delivery date has been expressly agreed. Compliance with the delivery date requires that the order has been fully clarified, all approvals have been granted, and all documents, payments, and securities to be provided by the Client have been received by PPU on time. Delivery requires that the Client has fulfilled their contractual obligations, in particular that advance payments have been received by PPU on time. Additional costs caused by incorrect address data shall be borne by the Client.
3. The delivery period shall be extended appropriately in the event of subsequent requests for changes and additions by the Client. If the Client fails to fulfil their obligation to cooperate, either in whole or in part, a bindingly guaranteed delivery time shall be extended appropriately, but at least by the period during which the Client failed to fulfil their obligation to cooperate.
3. If PPU is prevented from delivering on time due to the occurrence of unforeseen events (such as war, riots, strikes, lockouts, natural disasters, transport blockades) for which PPU is neither responsible nor accountable, the delivery period shall be extended by the duration of the hindrance.
If the Client is an entrepreneur, the delivery time shall also be extended if PPU itself is not supplied correctly or on time, even though a congruent covering transaction was concluded with the upstream supplier in good time and with the care customary in commercial transactions.
4. Delivery delays of the type described in Section III.3 entitle PPU to withdraw from the contract in whole or in part if PPU has immediately informed the Client of the delivery delays. In the event of withdrawal, PPU is obliged to immediately reimburse the Client for any consideration already paid.

5. PPU reserves the right to charge storage costs of €25/m2 of storage space used per month or part thereof for the delay in delivery if the delivery is delayed through no fault of PPU. This shall also apply if the Client refuses acceptance, fails to fulfil its contractual obligations, or if delivery cannot be made due to delivery or supply hindrances for which PPU is not responsible.
6. PPU reserves the right to make partial deliveries unless partial deliveries are unreasonable for the Client. These will be invoiced separately and are payable when due. Delays or errors in individual partial deliveries do not entitle the Client to refuse acceptance of the remaining deliveries.
7. In the case of work performance, the Client is obliged to accept the individually manufactured goods immediately as soon as they have been notified of their completion or a successful review of the contractually agreed performance characteristics has taken place. A protocol signed by PPU and the Client must be drawn up regarding the acceptance. Insignificant deviations from the contractually agreed performance characteristics and acceptance criteria do not entitle the Client to refuse acceptance. Acceptance shall be deemed to have taken place if PPU has notified the Client of the completion of the goods and the Client does not accept the goods within a reasonable period specified by PPU, even though it is obliged to do so.
8. Waiting times arising from work performance that were not caused by PPU shall be charged at an hourly rate of:
– Software technician €105.00/hour
– Engineer €90.00/hour
– Assembly technician €75.00/hour
– Skilled worker €45.00/hour
Any separate travel and accommodation costs will be invoiced according to actual expenditure. Unless expressly agreed otherwise, any work performed on a time and material basis in connection with the work shall be remunerated in accordance with the rates specified in III.8. Work performed on a time and material basis shall be commissioned by the Client from PPU. Work performed on a time and material basis shall also include any preparatory work not completed by the Client on site which must be carried out by PPU in order to ensure that the work is completed on time.

9. Unless otherwise agreed, packaging, shipping route, and shipping method shall be left to the discretion of PPU. If the Client is an entrepreneur, PPU shall not be liable for the choice of shipping method or the timely arrival of the goods.
IV. Shipping costs, transfer of risk
1. The goods are usually shipped insured. The costs for shipping, including insurance, shall be borne by the Client. This does not apply to replacement deliveries made under warranty; in these cases, PPU shall bear the shipping costs.
2. Shipping costs are payable immediately upon invoicing without deduction. If the Client defaults on payment, PPU is entitled to charge default interest at a rate of 5% above the base rate (in the case of consumers) and 9% above the base rate (in the case of entrepreneurs).
3. If the Client is an entrepreneur, the risk with regard to the ordered goods shall pass to the Client as soon as PPU has handed over the goods to the respective transport company or, in the case of collection by the Client, to the Client or its transport person.
4. PPU shall not be liable for delivery delays or performance failures caused by force majeure or unforeseeable events beyond PPU’s control. In such cases, PPU shall be entitled to postpone performance for the duration of the hindrance or to withdraw from the contract.

5. In the event of a delay in delivery for which the Client is responsible, the risk of deterioration or loss of the goods shall pass to the Client upon notification of readiness for delivery by PPU. The additional costs caused by the delay shall be borne by the Client. Delivery delays for which PPU is not responsible do not entitle the Client to refuse acceptance or purchase.
6. In the case of work performance, all risks and dangers shall pass to the Client at the latest at the time of acceptance. The same shall apply if the Client does not accept the goods within a reasonable period specified by PPU, even though it is obliged to do so.
7. The Client is obliged to ensure that acceptance of the goods is possible at the agreed place of delivery. Delays or additional costs arising from refusal of acceptance or insufficient preparation shall be borne by the Client.

8. If the Client is an entrepreneur, all deliveries shall be deemed to have been made properly, undamaged and free of defects, unless the Client immediately notes the poor or incorrect delivery or the quantity deviation or defectiveness at the time of delivery and informs PPU immediately, at the latest within two (2) working days after delivery.
9. If the Client fails to inform PPU accordingly, this shall be deemed approval of the delivery and waiver of all claims in this regard. When contacting PPU in this way, the Client must specify the deviation of the goods ordered from those delivered in terms of quantity or type, or the defects. If a delivery proves to be incomplete, PPU shall, at its own discretion, either arrange for a replacement delivery or issue a credit note to the Client’s account within thirty (30) days of receiving written notification.
10. PPU shall only be liable for damages in cases of intent or gross negligence. In cases of slightly negligent breaches of duty, PPU shall only be liable for breaches of essential contractual obligations and limited to the typical foreseeable damage.
11. The goods remain the property of PPU until the purchase price has been paid in full. The Client is not entitled to sell or encumber the goods until ownership has been transferred.

V. Payment, due date, default
1. Invoices shall be sent by email to the address provided by the Client. Electronic invoices are legally valid and trigger the agreed payment period.
2. PPU invoices must be paid to the account specified on the invoice ten (10) days after receipt at the latest. Discounts and other price reductions require prior agreement in writing.
Payments shall be made exclusively by bank transfer to the account specified on the invoice or by other payment methods expressly approved by PPU.
3. Payments by check and bill of exchange require prior written agreement with PPU and are only accepted on account of performance. Bank, discount, and collection charges as well as interest shall be reimbursed to PPU immediately. Credits for bills of exchange and checks shall only be made after receipt of the net proceeds and only in the amount thereof.

4. If the Client defaults on its payment obligation, PPU shall be entitled – without prejudice to other statutory or contractual rights – to charge default interest at the statutory rate from that point in time. In addition, PPU shall be entitled to charge the Client reasonable reminder fees for each reminder.
Partial deliveries and their invoicing are permissible if this has been agreed with the Client. Partial payments require the express consent of PPU in writing.
If the Client is in default with an agreed instalment payment due to general liquidity difficulties or if there is a significant deterioration in its financial circumstances after conclusion of the contract, all outstanding liabilities of the Client towards PPU shall become due for payment immediately.
PPU shall be entitled to suspend further deliveries or services or to withdraw from the contract in the event of default of payment by the Client, provided that a reasonable grace period has expired without success.
5. The Client shall only be entitled to set-off rights if their counterclaims have been legally established or are undisputed or have been recognized by PPU.
6. In the case of payments in foreign currency, the Client shall bear all exchange rate risks resulting from currency fluctuations. In addition, any bank and conversion fees shall be borne by the Client.
7. The Client shall only be entitled to a right of retention if the counterclaim is based on the same contractual relationship and the counterclaim is undisputed, has been legally established or has been recognized by PPU.
8. In the event of cancellation of the contract or non-payment after the due date, the Client shall be obliged to reimburse PPU for the costs incurred as a result of the cancellation or non-payment as well as for the loss of profit.

VI. Warranty, limitation of liability, obligations of the Client
1. If the Client is an entrepreneur, PPU’s liability for defects in newly manufactured goods shall be one (1) year and shall extend exclusively to material, workmanship, design, and quality defects. For used goods, the warranty and liability for defects vis-à-vis entrepreneurs is completely excluded.
In all other respects, claims for defects relating to a building or for items used for a building and which have caused its defectiveness shall become time-barred in accordance with the statutory provisions (Section 438, Section 634a 1 BGB (German Civil Code).
2. If the Client is a consumer, the warranty period for the sale of used items is one (1) year.
3. Liability for defects does not extend to damage resulting from improper use, incorrect handling, or natural wear and tear by the Client.
If goods are sold at a reduced price with express reference to specific defects, claims for defects in this respect are excluded.
There shall be no claims based on a defect if there is only an insignificant deviation from the agreed quality or if the impairment of usability is only insignificant. Furthermore, defects are expressly excluded if the Client or a third party has carried out improper repair work or modifications to the hardware, software, or system components.
4. PPU shall not be liable for the accidental loss or accidental deterioration of materials provided by the Client in connection with work performance. Likewise, PPU shall not be liable if the work performance is lost, deteriorates, or can no longer be performed prior to acceptance for reasons for which the Client is responsible.
In such a case, PPU shall be entitled to claim pro rata remuneration in accordance with the work already performed. In addition, PPU shall be entitled to demand reimbursement for any expenses incurred for which it can provide evidence.
5. In the case of work performance, the Client shall only be entitled to claims for obvious defects if these are reported immediately upon acceptance and noted in the acceptance report.
6. If, at the time of transfer of risk, there is a defect in the goods for which PPU is responsible, the Client may, at its discretion, initially only demand that the defect be remedied or that a defect-free item be delivered in exchange for the return of the delivered goods (subsequent performance). In the case of work performance, PPU shall be entitled to determine the type of subsequent performance. If the Client is an entrepreneur, the obligation to reimburse the necessary expenses for the purpose of remedying the defect shall be limited to the amount of the price for the defect-free goods.
7. At PPU’s request, the Client must return the goods for the purpose of subsequent performance and give PPU reasonable time and opportunity to carry out the subsequent

performance. If the Client refuses to do so, PPU shall be released from its obligation to remedy the defect. PPU shall acquire ownership of the replaced parts.
8. PPU may refuse the type of subsequent performance chosen by the Client if it is only possible at disproportionate cost. In particular, the value of the item in a defect-free condition, the significance of the defect, and the question of whether another type of subsequent performance could be used without significant disadvantages for the Client must be taken into account. In this case, the Client’s claim shall be limited to the other type of subsequent performance; PPU may also refuse this due to disproportionate costs. If PPU delivers a defect-free item for the purpose of subsequent performance, the Client shall return the defective item.
9. If PPU is unable or unwilling to provide subsequent performance, or if subsequent performance is delayed beyond reasonable deadlines for reasons for which PPU is responsible, or if it fails in any other way, the Client shall be entitled, at its discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. In the event of withdrawal, the Client and PPU are obliged to return the services received from each other and to surrender any benefits derived, in particular pro rata depreciation.
10. PPU shall be entitled to a contractual lien on the items that have come into PPU’s possession as a result of the order for claims arising from the order. The contractual lien may also be asserted for claims arising from work performed earlier, spare parts deliveries, and other services, insofar as they are related to the order. For other claims arising from the business relationship, the contractual lien shall only apply insofar as these are undisputed or have been legally established and the object of the order is owned by the Client or is at the Client’s disposal.
11. If the Client is an entrepreneur, any liability on the part of PPU beyond the aforementioned claims for defects is excluded. In particular, PPU shall not be liable to the Client, who is an entrepreneur, for indirect damage and consequential damage caused by defects, in particular for financial loss and loss of profit.
12. Insofar as PPU’s liability is excluded or limited, this also applies to any personal liability of employees, representatives, and vicarious agents.
13. The above limitations of liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, the limitation of liability shall not apply in the event of damage resulting from injury to life, limb, or health; in such cases, PPU shall also be liable in the event of simple negligence.
14. From the date of commissioning of the system, the Client shall be responsible for this as the operator. The Client shall assume full responsibility for:
– the proper operation of the system

– regular maintenance
– compliance with all relevant safety, environmental, and occupational health and safety regulations
– the fulfilment of documentation and reporting obligations prescribed by law or official authorities
15. The Client is obliged to ensure that the operating personnel required for the operation of the plant are adequately trained and have the necessary qualifications.
In addition, the Client must ensure that the necessary documents, operating instructions, and other instructions for the proper operation of the system are provided to the personnel in full and in a timely manner.
16. The Client undertakes to comply with the maintenance and inspection intervals specified by PPU and to report any malfunctions immediately if they affect warranty claims or the safety of plant operation.
17. Any changes to the system or its mode of operation that go beyond the originally intended use require the prior consent of PPU.
18. Wastewater treatment processes are generally temperature-sensitive and can be adversely affected by extreme temperatures. It is the responsibility of the Client to ensure that air and wastewater temperatures are and remain within the specified design range so that neither the wastewater treatment process nor the materials used in the equipment are affected.
19. If temperatures fall outside the specified design range, any warranty/guarantee for both the quality of the treated wastewater and the equipment shall lapse. In such a case, the Client shall be liable for all costs incurred for repairs or replacement of the affected equipment.
20. Some processes, such as nitrification, can only be carried out successfully if the air and wastewater temperature remains consistently above +12 °C for a period of at least 12 weeks.
21. The quality of the wastewater and the wastewater treatment process, as specified in the offer, can only be guaranteed if the wastewater flows specified in the offer are delivered by the Client to the wastewater treatment plant operated by us. The Client is responsible for measuring the flow rates. The Client is obliged to provide the flow data from its flow meters to PPU upon request. If there is any doubt about the wastewater flows, PPU reserves the right to install its own flow meter or to check the calibration certificates and raw data from the Client’s flow meter.
22. Flows outside the specified design range will invalidate the warranty/guarantee for the quality of the wastewater and may also cause damage to parts or equipment. The Client assumes liability for all costs associated with hydraulic overload that cause damage to

the system. The warranty for the quality of the wastewater or the process depends on the wastewater parameters in the inflow matching the parameters specified by the Client as set out in the offer or contract. Fluctuations in pollutant concentrations or ratios in the discharged wastewater over any period of time will void the warranty/guarantee for the quality of the wastewater until the system has been returned to normal operation.
23. In the event of power failures or operating errors affecting the plant or process technology, the guarantee/warranty for the quality of the wastewater shall also lapse.
24. It is prohibited to discharge rainwater or surface water into the system unless PPU has expressly approved this.
25. All pollutants or wastewater parameters, such as pH value, temperature, or the presence of biological inhibitors that may affect the process technology, must be reported to us upon signing the contract. Failure to do so and if the aforementioned parameters impair one of our process technologies or cause problems with equipment or materials, any warranty/guarantee for wastewater quality shall be void. In this case, the Client bears sole responsibility for any damage or consequential damage.
26. The same applies to the discharge of wastewater to downstream sewage treatment plants. Here, too, the Client must ensure that all wastewater is compatible with the materials and technologies used in the sewage treatment plant.
The Client shall ensure that no substances or materials that are harmful to the sewage treatment plant or impair its functioning are discharged into the wastewater.
27. The provision of suitable consumables such as fresh water, chemicals, etc., which are required for the equipment/process, is the responsibility of the Client.
PPU reserves the right to determine which consumables are suitable/unsuitable. PPU may charge for any evaluation of these consumables.
28. The Client is responsible for the proper disposal of overflows from the wastewater treatment plant. Furthermore, the Client is responsible for the management and proper disposal of foam generated by the system.
29. The Client is responsible for managing the exhaust air from the system and for controlling and minimizing any associated odours.

VII. Data protection
1. For the purpose of processing and handling the order, PPU collects, stores, and processes the Client’s personal data (e.g., name, address, email address, telephone number, and, in the case of an order, relevant order data such as order and delivery address) in accordance with the applicable data protection laws. By placing an order, the Client declares their consent to the collection, processing, and use of this data by PPU exclusively for the purpose of executing the order. Further information on the handling of personal data and the rights of the Client can be found in PPU’s Privacy Policy.
The processing of the Client’s personal data is based on Art. 6 (1) lit. b) GDPR (performance of the contract) and/or Art. 6 (1) lit. c) GDPR (legal obligation), insofar as this is necessary for the processing of the order and the contract. If necessary, data processing is also carried out on the basis of the Client’s voluntary consent in accordance with Art. 6 (1) (a) GDPR.
2. PPU reserves the right to change the Privacy Policy at any time. The Client will be informed of any significant changes in good time. The current version of the Privacy Policy is available at any time on the PPU website.
3. PPU does not transfer the Client’s personal data to third parties unless there is a legal or official obligation to do so or the Client has expressly given their consent to the transfer. Third parties within the meaning of this provision are persons or companies that are not directly involved in the contractual relationship between PPU and the Client. The data collected will be used exclusively for the processing of the order and payment and will only be passed on to partners involved in the processing of the contract (e.g., payment service providers, delivery companies) for this purpose.
4. In the case of service and maintenance contracts, the Client additionally agrees that PPU may process personal data collected by the sewage treatment plant control system installed on the Client’s property and use it within the scope of the plant’s operation. The Client undertakes to duly inform the tenants or lessees of the property rented or leased by them prior to the conclusion of the rental or lease agreement that consent has been given for the collection, processing, and use of data by PPU. The Client shall ensure that the tenants or lessees consent to the processing of their personal data to the extent necessary. Detailed information on data collection and processing can be found in PPU’s Privacy Policy.

5. The Client’s personal data will only be stored for as long as is necessary for the fulfilment of the contract, statutory retention periods, or to safeguard legitimate interests. After these periods have expired, the data will be erased unless statutory retention obligations prevent erasure.
6. The Client has the right to request information about their stored personal data at any time, to correct or erase it, or to restrict its processing. The Client may also object to the processing of their personal data and has the right to data portability. To exercise these rights, the Client may use the contact options listed in Section I.4.
7. PPU takes appropriate technical and organizational measures to ensure the security of the Client’s personal data and to protect it from unauthorized access, misuse, loss, or destruction.
8. If the Client’s personal data is transferred to third parties outside the European Economic Area (EEA), this will only take place if adequate data protection safeguards are in place, such as the conclusion of standard contractual clauses in accordance with the GDPR.
9. If the Client has any questions about data protection, they can contact PPU’s data protection officer at the following email address: [email protected].

VIII. Copyright protection
1. The Client indemnifies PPU against all claims by third parties asserted on the basis of the Client’s unauthorized use of the copyright-protected content provided by PPU. This includes, in particular, claims arising from copyright infringements resulting from the reuse or reproduction of the content without the necessary consent.
2. PPU assures that all delivered content that is protected by copyright is either owned or licensed. In the event of copyright claims by third parties, PPU undertakes to defend these at its own expense and to indemnify the Client against all resulting claims.
The content, logos, and images designed by PPU are subject to copyright protection. Any reproduction, distribution, or other publication requires the written consent of PPU. In the event of unauthorized reproduction, distribution, or other publication of the content, logos, or images, the Client shall be liable to PPU for damages.
2. PPU reserves all property rights and copyrights to all samples, cost estimates, drawings, and other documents and information, both physical and non-physical (including electronic formats). These may not be passed on to third parties, modified, or made publicly available, either in whole or in part, without the express written consent of PPU. In particular, they may not be used for purposes other than those contractually agreed or transferred to third parties.
3. If software is included in the scope of delivery, the Client is granted a non-exclusive, non-transferable right to use the delivered software, including its documentation, exclusively on the delivery item for which it is intended. Use of the software on more than one system or on devices other than those intended for this purpose is not permitted. The Client may only reproduce, revise, translate or convert the object code into source code to the extent permitted by law, unless this is expressly prohibited in the license agreement. The Client undertakes not to remove any manufacturer’s information, in particular copyright notices, and not to change them without the prior written consent of PPU. All other rights to the software and the associated documentation, including all copies, remain the property of PPU or the software supplier. The granting of sublicenses is not permitted.

4. Insofar as the scope of delivery includes third-party content, such as software from third-party manufacturers or copyright-protected designs, PPU declares that all necessary licenses for this third-party content have been obtained. The Client undertakes to use this content only in accordance with the license terms of the respective rights holder.
The license to use the software is granted for the duration of the contract. Any extension of the license requires an express written agreement. Upon termination of the contract, the license shall automatically expire and the Client shall be obliged to deactivate the software and destroy or return all copies.
5. Upon termination of the contract, the Client is obliged to return all copyrighted materials received from PPU (e.g., software, documentation, samples) to PPU immediately or to destroy them upon request.

IX. Retention of title
1. PPU retains title to the delivered goods until all claims against the Client have been satisfied in full, including all claims arising from expiring business relationships (reserved goods). This also applies if the purchase price for individual goods has already been paid. The Client undertakes to keep the reserved goods in proper condition for the duration of the retention of title and to insure them at their own expense against the usual risks (in particular theft, damage, loss). If the Client defaults on its payment obligations or otherwise acts in breach of contract, PPU shall be entitled to reclaim the goods without setting a prior deadline.
2. The Client is entitled to resell the goods subject to retention of title in the ordinary course of business, but only on condition that it assigns the claims from the resale to PPU. The assignment shall already take place in the amount of the agreed price of the goods subject to retention of title, including value-added tax. This assignment shall apply regardless of whether the goods are resold without or after processing.
3. In the event of processing, transformation, or combination of the goods subject to retention of title with other items by the Client, PPU shall become co-owner of the new product in proportion to the invoice value of the goods subject to retention of title to the value of the other items used. In this case, the Client shall act on behalf of and on the instructions of PPU, whereby PPU shall continue to retain ownership of the processed, transformed or combined goods.
4. In the event of the resale or rental of the goods subject to retention of title, which is permissible within the scope of normal business operations, the Client hereby assigns to PPU all future claims against their customers arising from the resale or rental as security until all claims of PPU against the Client have been settled. PPU accepts this assignment at the time of conclusion of the contract.
5. The Client is authorized to collect the assigned claims as long as they duly meet its payment obligations under this contract. If the goods subject to retention of title are sold

or leased together with other goods that are not owned by PPU, the claim from the resale of the goods subject to retention of title shall be deemed assigned in the amount of the purchase price agreed between PPU and the Client for the goods. The Client undertakes, at PPU’s request, to notify the customer of the assignment of the claim and to hand over to PPU all documents necessary for asserting the claim, such as invoices, and to provide all necessary information. All costs of collection and any security measures shall be borne by the Client. If the goods subject to retention of title are processed with an item not owned by PPU, PPU shall acquire co-ownership of the new item in proportion to the objective value of the goods subject to retention of title to the value of the processed item at the time of processing. The same shall apply in the event of the goods subject to retention of title being mixed with other items. To secure the claims arising from this contract, the Client shall also assign to PPU any claims against third parties arising from the combination of the goods subject to retention of title with real estate.
6. The Client is obliged to inform PPU immediately of any seizures of the goods subject to retention of title or the assigned claims and to inform third parties of PPU’s ownership. Upon request, the Client shall provide PPU with the necessary information and hand over all necessary documents required to support PPU in asserting its rights against third parties, in particular in the context of a third-party action pursuant to Section 771 ZPO (German Code of Civil Procedure). If a third party is unable to reimburse the extrajudicial and judicial costs of such an action, the Client shall be liable for the loss incurred.
7. If the goods subject to retention of title are processed, transformed, or combined with other items not belonging to PPU, PPU shall be entitled to co-ownership of the new item in proportion to the ratio of the value of the processed, transformed, or combined goods subject to retention of title to the value of the new item. The Client shall safeguard PPU’s property free of charge, excluding Section 690 BGB. If the Client is an entrepreneur, they shall be responsible for exercising the diligence of a prudent businessman in this case. In the event of the sale or rental of the new item, as well as the loss of rights in the event of the goods subject to retention of title being combined with a piece of real estate in such a way that they become an integral part of the real estate, the Client shall assign its claim to PPU in the amount of the share to which PPU is entitled in order to secure the claim. In this case, the transfer of the claim is agreed upon at the time of its creation, without the need for an additional declaration of assignment.

8. If the Client fails to fulfil its contractual obligations, it shall be obliged to surrender the goods at PPU’s request. In this case, all costs incurred in connection with the return and sale of the purchased item shall be borne by the Client. If the Client is an entrepreneur, they undertake to waive their right of possession of the goods and to grant PPU unhindered access to the goods subject to retention of title and to enable their collection.
9. If the value of the securities exceeds PPU’s claims against the Client arising from the current business relationship by more than 20%, PPU shall be obliged, at the Client’s request, to release the excess securities to which it is entitled, at the Client’s discretion.
10. PPU reserves all rights to the technical documentation provided to the Client. The Client undertakes to return the documentation to PPU upon request or to destroy it upon request after termination of the contract. Without the prior written consent of PPU, this documentation may not be passed on to third parties, published, or used for purposes other than those agreed in the contract, either in whole or in part. Possession of these documents does not entitle the Client to reproduce machines.

X. Service costs outside of concluded maintenance contracts
1. Additional support services and costs:
a.) Remote technical support during the working week
For technical support provided by telephone, message, email, or video call on working days (Monday to Friday) between 8:00 a.m. and 4:00 p.m., an hourly rate of 125 euros will be charged (minimum 1 hour).
b) Remote technical support outside regular working hours
For technical support by phone, message, email, or video call requested outside regular working hours (weekdays from 8:00 a.m. to 4:00 p.m.) as well as on weekends and public holidays, an hourly rate of €200 will be charged (minimum 1 hour).
c) On-site visits
A daily flat rate of €1,250 will be charged for on-site visits, plus any travel and accommodation costs incurred.
2. PPU Umwelttechnik GmbH will endeavour to provide support services as quickly as possible. However, no guarantee can be given for the availability of support personnel.
3. After delivery of the system to the agreed location, the Client assumes sole responsibility for the operation and maintenance of the system.
After installation of the system, the Client assumes full operational responsibility for the system. PPU Umwelttechnik GmbH does not act as the operator or maintenance company for the system, unless a separate written service contract has been expressly concluded between the Client and PPU Umwelttechnik GmbH.
4. A separate service contract for the maintenance, repair, and operation of the system must be agreed upon separately and will be remunerated additionally. Without such a service contract, the maintenance, repair, and operation of the system is the responsibility of the Client. This also includes all measures necessary to achieve the agreed-upon target values. The responsibility for this lies entirely with the Client. PPU’s obligation is limited to the proper installation of the system in accordance with the contractual agreements and to compliance with the legal requirements within the scope of the installation.

XI. Compliance with wastewater standards
1. If sampling and analysis are necessary, the Client shall bear the costs incurred.
2. Samples of the incoming wastewater shall be taken at an agreed sampling point directly at the inlet to the wastewater treatment plant.
3. The first sample shall be taken within an agreed period after the system has been put into operation, at the same time as the analysis of the treated wastewater at the outlet of the treatment plant.
4. Sampling of the treated wastewater shall be carried out at the sampling point previously agreed between the contracting parties. This is located directly at the outlet of the wastewater treatment plant.
5. A sample must be taken within the specified period, which is measured in weeks or days after the start date of the system.
6. Sampling shall be carried out and documented in accordance with the agreed method. The documentation shall include details of the location, date, time, and supporting video and image recordings.
7. The samples taken shall be analysed by an independent, accredited third-party laboratory. The results of this analysis shall form the basis for assessing the wastewater quality.
8. Compliance with the contractually agreed wastewater standards is deemed to have been met and the system to have been correctly designed if a sample taken by an independent, professionally qualified body complies with the wastewater standards specified in the contract.
9. Unless the Client can prove otherwise, the Client is responsible for any subsequent violations of the wastewater standards. This applies in particular if the violations:
a) are attributable to the quality or composition of the wastewater at the inlet, or
b) are caused by operational problems that are not within PPU’s area of responsibility
10. Optimization services by PPU will only be provided if:
a.) it has been proven that the influent wastewater meets the contractually agreed requirements, and
b.) the Client has fulfilled all other obligations regarding installation, operation, maintenance, and wastewater supply
11. The Client undertakes to inform PPU immediately of any changes in the wastewater composition or operational processes that could affect compliance with wastewater standards.
12. If the Client violates these obligations or fails to provide sufficient evidence to the contrary, PPU shall not be liable for any violations of wastewater standards.
13. If the first sample taken does not meet the agreed output specifications, further samples shall be taken until a sample meets the output specifications. During this period, the Client remains the responsible operator of the system. In this case, PPU is only responsible

for technical support and assists the Client/operator in optimizing and modifying the system to ensure that the wastewater targets are achieved.
14. Each sample taken at the inlet of the wastewater treatment plant must be supplemented by a sample taken at the outlet and analyzed together.
15. When taking samples, the Client must notify PPU of the date and time frame. PPU is entitled to be present during the sampling.
XII. External factors and emergency services
1. If an external event or circumstance beyond PPU’s control leads to a disruption in the wastewater treatment process, the PPU offers to have a technician on site to remedy the disruption. The costs incurred will be billed to the Client and include:
a.) a daily rate of 1,250 euros
b.) travel expenses in accordance with the current rates of PPU Umwelttechnik GmbH
c.) the costs for necessary spare parts and equipment Invoicing will take place after prior notification and approval by the Client.
2. PPU undertakes to inform the Client immediately of the need for intervention. On site, the technician will take all reasonable measures to restore the functionality of the system as quickly as possible. This is subject to technical feasibility.
3. If the Client delays or hinders an intervention, PPU is not obliged to arrange short-term appointments or to take immediate action on site. Delays caused by the Client may result in additional costs.

XIII. Information on battery disposal
In connection with the sale of batteries or the delivery of devices containing batteries, PPU is obliged to inform the Client of the following:
The Client is legally obliged to return used batteries as an end user. They can return old batteries that the seller carries or has carried in their range as new batteries free of charge to the seller’s shipping warehouse (shipping address). The symbols shown on the batteries have the following meanings: The symbol of the crossed-out wheelie bin means that the battery must not be disposed of with household waste. Pb = Battery contains more than 0.004% lead by weight Cd = Battery contains more than 0.002% cadmium by weight Hg = Battery contains more than 0.0005% mercury by weight.
XIV. Right of withdrawal for consumers
1. If the Client is a consumer, they are entitled to a right of withdrawal in accordance with the statutory provisions. No later than after conclusion of the contract, the consumer will be provided with the cancellation policy and a sample cancellation form on paper or another durable medium. In addition, the consumer will be informed in a clear and comprehensible manner before submitting their contractual declaration that they are not entitled to the right of withdrawal or that this right may expire prematurely if this applies in accordance with the statutory provisions.
2. In accordance with Art. 246a Section 1 (2) no. 3 EGBGB (German Introductory Act to the Civil Code), the consumer is informed that, in the case of a contract for the provision of services, they owe compensation for the service provided up to the time of withdrawal if the consumer exercises their right of withdrawal after expressly requesting that the service be commenced before expiry of the withdrawal period (Section 357 (8) BGB).
3. In accordance with Art. 246 Section 1 (3) no. 1 EGBGB, we inform the consumer that there is no right of withdrawal for the contracts specified in Section 312g (2) sentence 1 no. 1 and no. 11 BGB. In these cases, the consumer cannot revoke their declaration of intent.
In particular, there is no right of withdrawal for the following contracts:
a.) Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
b.) Contracts in which the consumer has expressly requested that the provider (PPU) visit them to carry out urgent repairs or maintenance work.
However, this does not apply to additional services provided during the provider’s visit that the consumer did not expressly request, or to goods delivered as part of the maintenance work.

4. Right of withdrawal and expiry of the right of withdrawal:

a) Expiration of the right of withdrawal in accordance with Art. 246 Section 1 (3) no. 2 EGBGB
The Client is informed in accordance with Art. 246 Section 1 (3) no. 2 EGBGB that the right of withdrawal may expire prematurely in the case of contracts referred to in Section 312g (2) sentence 1 no. 3, 4, and 6 BGB. This applies in particular to the following types of contracts:
– Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
– Contracts for the delivery of goods that, due to their nature, have been inseparably mixed with other goods after delivery
– Contracts for the delivery of audio or video recordings or computer software if these were delivered in sealed packaging and the seal was removed after delivery
– Contracts for the delivery of consumables that were delivered in a standard market container, provided that the buyer has removed the seal
b) Expiration of the right of withdrawal upon complete fulfilment of the contract
In accordance with Art. 246 Section 1 (3) no. 2 EGBGB, the Client is informed that their right of withdrawal pursuant to Section 356 (4) BGB may expire prematurely if PPU has rendered the service in full. This presupposes that PPU has only begun to perform the service after the Client has given their express consent and at the same time confirmed that they are aware that they will lose their right of withdrawal once PPU has fulfilled the contract in full.
c) Expiration of the right of withdrawal for contracts for repair and maintenance work In accordance with Art. 246a Section 2 EGBGB, the consumer is informed that in the case of a contract for repair and maintenance work concluded outside the entrepreneur’s business premises, the right of withdrawal may expire prematurely if the following conditions are met:
– The mutual obligations are fulfilled immediately
– The remuneration to be paid by the consumer does not exceed 200 euros
– The consumer has expressly requested the services of the entrepreneur

XV. Final provisions
1. PPU is entitled to commission third parties or vicarious agents to perform parts or all of the range of services without the need for the Client’s consent.
2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
3. Unless expressly agreed otherwise, the place of performance for all services and obligations arising from this contract is the registered office of PPU.
4. If the Client is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be Bayreuth. However, PPU reserves the right to bring legal action at another court with jurisdiction over the Client.
5. Severability clause: Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Any invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. This also applies to any gaps/omissions in this provision.