Common use of ORDERS AND CONTRACTS Clause in Contracts

ORDERS AND CONTRACTS. 1. Unless otherwise agreed with the supplier, our orders or delivery call-offs must be in writing to be effective. The requirement for the written is also deemed to have been met if the order or delivery call-off is by means of electronic data interchange (EDI) as agreed. 2. Unless our order expressly sets out a different provision, our order is deemed to have been accepted if the supplier does not object within 7 working days of receipt of our order. 3. Delivery call-offs within the scope of an ongoing business relationship generally become binding if the supplier does not object within 3 working days of receipt of the call-off. Other provisions apply if otherwise expressly agreed with the supplier. 4. Delivery schedules, delivery forecasts and comparable documents are always legally non-binding notifications to the supplier which are intended to inform the supplier about our potential requirements and to simplify the supplier’s planning. The quantities indicated here may change or be entirely inapplicable. Unless otherwise agreed in individual cases and if we do not inform the supplier in advance of a change in requirements, the requirements notified on the basis of our non-binding delivery schedules and delivery forecasts become binding orders for a maximum period of the last 4 weeks in the case of raw materials and for a maximum period of the last week in the case of non-raw materials. 5. We are entitled to change the time and place of delivery as well as the type of packaging at any time by means of written notification with a reasonable period of notice before the agreed delivery date. The same applies to changes to product specifications where these changes can be implemented as part of the supplier’s normal production process without significant additional effort. We will reimburse the supplier for any proven and reasonable additional costs incurred as a result of the change. If such changes result in delays in delivery which cannot be avoided with reasonable effort in the normal production and business operations of the supplier, the delivery date originally agreed will be postponed accordingly. The supplier will notify us in writing in good time before the delivery date of any additional costs or delays in delivery expected by the supplier after careful assessment on receipt of our notification pursuant to sentence 1. 6. Changes to the delivery item with regard to quantity, design, construction, production process and production location always require our prior written consent. The same applies to the inclusion of or changes to sub-suppliers or subcontractors. 7. Unless expressly agreed otherwise, the supplier’s cost estimates are binding and not to be remunerated.

ORDERS AND CONTRACTS. 1. Unless otherwise agreed with the supplier, our the customer’s orders or delivery call-offs must be in writing to be effective. The requirement for the written is also deemed to have been met if the order or delivery call-off is by means of electronic data interchange (EDI) as agreed. 2. Unless our the customer’s order expressly sets out a different provision, our his order is deemed to have been accepted if the supplier does not object within 7 working days of receipt of our his order. 3. Delivery call-offs within the scope of an ongoing business relationship generally become binding if the supplier does not object within 3 working days of receipt of the call-off. Other provisions apply if otherwise expressly agreed with the supplier. 4. Delivery schedules, delivery forecasts and comparable documents are always legally non-binding notifications to the supplier which are intended to inform the supplier about our the customer’s potential requirements and to simplify the supplier’s planning. The quantities indicated here may change or be entirely inapplicable. Unless otherwise agreed in individual cases and if we do the customer does not inform the supplier in advance of a change in requirements, the requirements notified on the basis of our non-the customer’s non- binding delivery schedules and delivery forecasts become binding orders for a maximum period of the last 4 weeks in the case of raw materials and for a maximum period of the last week in the case of non-raw materials. 5. We are The customer is entitled to change the time and place of delivery as well as the type of packaging at any time by means of written notification with a reasonable period of notice before the agreed delivery date. The same applies to changes to product specifications where these changes can be implemented as part of the supplier’s normal production process without significant additional effort. We The customer will reimburse the supplier for any proven and reasonable additional costs incurred as a result of the change. If such changes result in delays in delivery which cannot be avoided with reasonable effort in the normal production and business operations of the supplier, the delivery date originally agreed will be postponed accordingly. The supplier will notify us the customer in writing in good time before the delivery date of any additional costs or delays in delivery expected by the supplier after careful assessment on receipt of our the customer’s notification pursuant to sentence 1. 6. Changes to the delivery item with regard to quantity, design, construction, production process and production location always require our the customer’s prior written consent. The same applies to the inclusion of or changes to sub-sub- suppliers or subcontractors. 7. Unless expressly agreed otherwise, the supplier’s cost estimates are binding and not to be remunerated.