Supplementary terms and conditions of sale and delivery for surface finishing
and associated services

Schüco Polymer Technologies KG, Selauer Straße 155, 06667 Weißenfels (hereinafter referred to as “Schüco”)
1. Scope:
1.1 These supplementary terms and conditions ofsale and delivery (referred to hereinafter as ‘ST&Cs(Finishing)’) apply to the surface finishing of Schüco
products obtained from Schüco and surface finishingof customers’ own products which the Purchaser
passes to Schüco for finishing purposes (referred tohereinafter as ‘customers’ own materials’) and otherservices associated with finishing (such as mechanicalpre-treatment, application of foil and anti-drum
coating) by Schüco and third parties under contract
to Schüco for this purpose. The current version of
our general terms and conditions of sale and delivery(GT&CSD) also. Should there be any conflict between
the provisions of these ST&Cs (Finishing) and our
GT&CSD, these ST&Cs will prevail.
1.2 These ST&Cs (Finishing) apply to all our supplies
and services provided in the field of surface finishingto enterprises under§ 310 para. 1 of the [German]
Civil Code [BGB]. Any terms and conditions of thePurchaser to the contrary or which vary from our
ST&Cs (Finishing) require our express consent inwriting for them to be binding. Our ST&Cs (Finishing)also apply even if we carry out delivery to the Purchaser
unreservedly knowing that the Purchaser has terms
and conditions to the contrary or which vary from our
ST&Cs (Finishing).
1.3 Our ST&Cs (Finishing) become an integral part ofthe contract by when delivery is accepted at latest. With
continuous business dealings our ST&Cs (Finishing)also apply to future transactions which do not referto them expressly insofar as the Purchaser received
them under an order we previously confirmed.
1.4 All our supplies and services are also subject(although with these ST&C (Finishing) taking
precedence) to the technical terms and conditionsSCHÜCO’s catalogues known to the Purchaser.
2. Offers / orders and information and documents
required in orders:
2.1 All of our offers are subject to alteration until theorder is confirmed in writing. Our written confirmation
shall form the basis of the contract with regard to
the scope of supply. No oral collateral agreements
shall apply. Any agreements which differ from these
conditions will not be binding unless we confirm themin writing.
2.2 Schüco may contract with third parties to provide
services under the contract, selecting those third
parties at Schüco’s sole discretion. Any instructions
the Purchaser issues in this respect are immaterial.
2.3 The Purchaser’s orders must be made in writing
and are binding, particularly with respect to thevolumes and nature of the surfaces or colours
ordered. Orders must specify the Purchaser’s nameand address, delivery address if different, the surface
or colour ordered as per Schüco’s current colour chartat any time, the volumes to be finished, broken down
by colour/surface and products and, with customers’
own materials, also binding volumes in m2 and all
information required to carry out the finishing, such as
finishing drawings, processing data, information on
suspension, temperature resistance, incompatibilities,
details on how customers’ own materials to befinished are to be delivered etc. Schüco is not bound to
inform the Purchaser that this additional information
is missing with customers’ own material. Should thisinformation and documents be missing, finishing will
be carried out to the best of our knowledge and inaccordance with the state of the art. Schüco cannot
accept any liability for any losses or variations resulting
from the information and documents being missing.
3. Prices and billing methods:
3.1 Finishing customers’ own materials is billed
by cost and not based on the standard terms andconditions for Schüco products. For profiles, finishingis billed based on circumference, and, for sheet
metal, based on single-sided length – minimum
area 0.5 m2 per unit. Backs to be partially finishedor folded back edges in the case of sheet metal arebilled based on circumference. With Schüco’s own
profiles, circumference is stated on coating drawings;
with customers’ own materials, the Purchaser must
provide this information together with the finishing
information required under section 2.3 when ordering.
If this information is missing, billing will be by cost.
3.2 Based on the Purchaser’s binding order in writingand quantities as confirmed by Schüco, Schüco
itself or via the third parties delegated to perform it
will order the raw finishing materials (powder, wetvarnish) and other materials and services required toperform the contractual services (such as mechanicalpre-treatment, applying foil, anti-drum coating). The
prices which Schüco quotes for finishing and/or otherservices apply only to the quantities ordered. Should
quantities subsequently be varied (reduced/increased)at the Purchaser’s request, Schüco may charge theadditional costs incurred, such as on raw materials
and other materials (e.g. disposing of surplus special
powder because of its limited shelf life, or procuring
small additional quantities of raw materials at
increased raw material prices) to the Purchaser.

Stand January 2016

4. Deliveries
4.1 Delivery dates are not binding unless expressly
agreed. Our written order confirmation is final.
Delivery times given other than in the contract, inparticular in catalogues or other documents, are for
information purposes only and are not binding on ourpart. Once agreed, delivery dates may be deferred by
an appropriate length of time to a later date should
there be any amendments to the order, dependingon the extent of amendments requested, unless we
expressly confirm in writing that the delivery date as
originally agreed can still be met.
4.2 We cannot comply with delivery dates unless thePurchaser provides all the information and documents,
licences and releases required in good time (cf. section2.3), and complies with agreed payment terms andother obligations in advance. Failure to comply withthese conditions will result in delivery periods being
extended by a reasonable length of time, unless weare responsible for the delay.
4.3 Schüco’s delivery obligations apply subject to its
suppliers supplying it fully and on time.
4.4 If a delivery date is expressly agreed and thendeferred by the Purchaser, we reserve the right todemand payment of the invoiced amount for services
rendered or goods made available.
4.5 All costs arising from testing or acceptance shallbe borne by the Purchaser.
5. Packing and storing surface-finished materials:
5.1 Once finished, Schüco products will be packed
to our specifications; customers’ own materials will
be packed safely for transport in accordance with thePurchaser’s instructions. The costs of this packing
will be borne by the Purchaser. Should the Purchaser
refuse to allow customers’ own materials to be packed
safely for transport, Schüco will not be liable if finishedsurfaces are damaged in transit. The standard packing
used is merely packing for transport, designed toprotect the goods and finished surfaces in particularwhen carried in closed haulage media not exposed to
the weather. Under no circumstances is the packing
suited to storing finished products in the open air.
Schueco cannot accept any liability where products
packed for transport are stored outside. Should thePurchaser require packing suitable for storing outside,
this instruction must be given in writing when placing
the order, and the Purchaser will be charged with theadditional costs this special packing involves.
5.2 Finished materials must be stored protected fromthe effects of weather and other adverse effects suchas contamination with typical site materials such as
dust, mortar, cleaning agents etc. Laminated surfaces
can be stored for up to three months from the date ofdelivery in weatherproofed indoor facilities.

6. Defects
6.1 The characteristics of the finishing under thecontract for which we are liable as agreed derive solely
from the contractual agreements with the Purchaser.
Any information given by way of samples, brochures orother advertising material is not binding and does notin any way constitute any warranty as to durability or
quality for the purposes of § 443 BGB: on the contrary,
it is merely descriptive, and is only intended to offer ageneral representation of the products described. This
also applies in particular to the surfaces or colours
as shown in the prospectuses or Schüco’s colour
charts and colour or type samples furnished to thePurchaser: these are given by way of example only,
and are not binding acceptance samples. Should thePurchaser wish for binding samples, this must be
stated in writing in the order, requesting this of us
under the reference ‘binding surface limit samples’.
The Purchaser must approve binding surface limit
samples it furnishes in writing: the order cannot beprocessed until the Purchaser’s written declarationof approval is received, and any delivery times will
not start to run until that declaration reaches us. The
Purchaser must expressly request any variations fromthe finishing options shown in Schüco colour charts
and/or colour samples in terms of gloss, flow, brillianceand structure: these then qualify as special options.
These special options are not subject to the prices
and terms for the standard options shown. Unlessagreed otherwise, the characteristics of surfaces
under contract will be assessed in accordance withthe current standards of the current quality and test
conditions for unit coating of aluminium components
issued by GSB International e. V., Schwäbisch
Gmünd and/or the current rules for coatingaluminium with wet varnish and powder coating forarchitectural applications (Qualicoat/VOA-Verband
für Oberflächenveredelung von Aluminium e. V.)
and/or the current rules for anodising aluminium forarchitectural applications (Qualanod/VOA-Verband fürOberflächenveredelung von Aluminium e. V.) at any
time. Any reference to technical standards serves
merely to describe performance, and likewise mustnot be interpreted as a warranty as to quality. We
reserve the right to make alterations to the design,material, style and profile construction and any otherchanges required for reasons of technical progress,
within the bounds of what is reasonable, at any time
and without prior notice.

Stand January 2016

6.2 The Purchaser is aware that finished surfaces
must not be exposed to permanent effects of heat
– other than solar irradiation – over 70 °C, and thatany surface changes due to such thermal effects are
not defects. The Purchaser is also aware that finishedsurfaces must not be used at locations within the
direct areas of influence (within an approx. 100 m
radius) of emission sources which could damage thepaint on the finished surface. Surface finishing under
the contract is only suited, unless agreed otherwise,
to areas where normal Central European open air
weather conditions prevail. Emission sources also
include areas within 500 metres of bodies of water(fresh or salt water). If filiform corrosion appears, thisis not a defect, unless the material was pre-anodisedprior to finishing. The Purchaser must request preanodisation expressly in writing. The Purchaser isaware that the surfaces under the contract must be
cared for properly and regularly in accordance withthe rules for the quality association for cleaning metal
facades [Gütegemeinschaft für die Reinigung vonMetallfassaden e.V. (GRM)] or VMRG in the Benelux
countries. The Purchaser must inform its clients thatfinished surfaces must be cared for and cleaned
properly and regularly in writing. Proper care involves
cleaning, inspecting and servicing the finished services
in accordance with the rules of the Gütegemeinschaft
für die Reinigung von Metallfassaden e.V. (GRM) or
VMRG in the Benelux countries. Finished materials
must be cleaned at least annually, keeping records toshow this has been done.
6.3 We offer advice to the best of our ability on thebasis of our experience but cannot accept any liability
for this. Any details and information given as to thesuitability and application and/or use of our products,
such as written, mathematical, drawing and oral
proposals, drafts and the like in respect of assembly,
construction, arrangement, processing, finishing,
installation, static loads, invitations to tender andassistance with calculations are not part of our service
obligation, as either main or secondary obligations,and are not binding in any case. They do not exonerate
the Purchaser from the obligation to conduct its own
tests, unless a separate additional order is issued
for payment. We cannot accept any liability for any
additional services we perform in connection withfinishing under contract, e.g. sawing, punching,drilling or providing raw finishing materials.
6.4 The Purchaser must check deliveries immediately
on receipt to see that they are not damaged in transit,
are complete and free from defects. Any damage
in transit, defects, incorrect or short deliveries andvariations from the delivery note and/or invoice must
be reported to us in writing immediately, and withinseven days at latest, failing which, the consignment
will be deemed to have been approved. If the Purchaser
processes goods delivered after discovering a defect,
any claims the Purchaser may have for defective
goods will be forfeit. Customers’ own material will bedeemed to be accepted for the purposes of § 640 of

the Civil Code [BGB] after twelve days from the date ofdelivery or six days from when the finished products
are first processed at the latest.
6.5 If the defect in a delivery is our responsibility
and exists at the time risk changes hands, we will
be bound to make good the defect or to supply areplacement at our discretion. The Purchaser mustallow us reasonable time and opportunity to makegood the defect: if this is refused, we will cease to beliable for the defect.
6.6 Should we fail to make good three times [insuccession], the Purchaser may – subject to theprovisions of section 7 - invoke the rights in respect ofdefects the law provides otherwise.
6.7 No claims can be made for defects for natural wear
and tear or for any damage arising after risk changes
hands as a result of incorrect or negligent treatment
or storage, over-stressing, incorrect installation and/or commissioning by the Purchaser or third parties,
unsuitable working resources, using replacement
materials, defective construction work or unsuitable
construction sites or due to particular external
influences (especially chemical, electrochemical orelectrical) not provided for under the contract. Nordoes liability for defects when finishing customers’
own materials cover defects in surface characteristics
which are attributable to defective characteristics ofthe customers’ own materials for which we are notliable. We are not bound to check customers’ ownmaterials received in this respect.
6.8 Actions for liability for defects are also excluded in
the cases below:a) For damage due to improper storage of profiles,
panels etc. packed on shrink-wrapped steel orwooden pallets and stored in the open air, forexample, and/or where moisture or rainwater canpenetrate (risk of spotting)b) For damage caused on site, even if not within thePurchaser’s sphere of responsibility, such as welding
work, insulation work, concrete and plaster work,or for damage and changes in colour triggered bycontact with sealing profits and not neutrally crosslinked sealing mastics and paint-damaging cleaning
agents or primers containing or emitting substances
which damage paint.
c) For damage as a consequence of direct or evenindirect contacts damaging finishing and/or
aluminium to building structures with dew salts,
acids, lyes etc. (‘indirect contacts’ means runoffs
from copper roofing, copper planking or the like),
unless the Purchaser can show that the damage is
not attributable to these.

Stand January 2016

6.9 Colour and surface variations where finishing to
the same surface or colour is spread over time areunavoidable in production and hence do not qualify
as defects. The same applies should the Purchaser
subsequently change the volume of material to beprocessed as originally ordered. We cannot guaranteethat the surface of finishing on different substrates(such as galvanised steel or castings) will be the same:so any variations on this account do not constitutedefects either. Should the Purchaser contract with athird party to process materials as well as ourselves,
this may result in variations in the same colour or
surface for production reasons. Such variations
are not defects. We cannot warrant colours will beidentical. This also applies if we subcontract finishingordered from us to a third party. With customers’
own materials, the Purchaser must ensure that thefinishing as ordered is feasible in the first place orwithout damaging customers’ own materials. We
cannot accept any warranty in this respect. We will
only inform the Purchaser of our concerns in casesof evident defects which we can perceive in the lightof our specialist knowhow. If we supply raw finishingmaterials such as powder or paint at the Purchaser’s
request, we cannot accept any liability for those raw
finishing materials being suitable for the finishingproposed or the place where the materials to befinished using the raw finishing materials are to be
used. Any warranty and liability for the raw finishingmaterials supplied is also excluded, on any grounds inlaw whatsoever.
6.10 Likewise, if the Purchaser or third parties make
improper alterations or repairs, no claims for defectcan be made for these or their consequences, unlessthe Purchaser can show that the defects were notcaused by the improper alteration or repairs.
6.11 Claims by the Purchaser for costs incurredin making good, and more particularly costs oftransportation, travel costs, labour and material
costs are excluded insofar as costs were increased
as a result of delivery being made subsequently toa location other than the Purchaser’s works, unlesssuch movement is in accordance with its intended
use. The value of the substitute performance will inany case be limited to the Purchaser’s own costs (e.g.
transport and material costs), and does not include its
profit margin to its customers.
6.12 The Purchaser cannot make any reversionary
claims in law unless it has not made agreements with
its customer above and beyond statutory actions fordefects.
6.13 The statutory period for claims for defects islimited to one year from delivery, except where the law
provides for longer periods under §§ 438 para. 1 no.
2, 479 para. 1 und 634a para. 1 no. 2 of the Civil Code[BGB] and in cases of injury to life, body or health,where we are in breach of obligations intentionallyor grossly negligently, where we give a warranty or
accept procurement risks and if defects are concealed
fraudulently. In the circumstances of §§ 438 para.

1 no. 2, 479 para. 1 and 634a para. 1 no. 2 BGB,
actions for defects are statute-barred after four years.
7. Liability
7.1 We are liable without limit in law for injury to life,
body or health due to intent or gross negligence on
our part, including intent and gross negligence on thepart of our lawful agents or assistants and for losses
covered by liability under the product liability law.
Where losses do not come under the provisions ofclause 1 and are due to intentional or grossly negligent
breach of contract or fraud by us, our lawful agentsor assistants, we are liable as the law may provide;
but our liability to indemnify losses is limited in suchcases to typical foreseeable losses, unless we, ourlawful agents or assistants acted intentionally.
7.2 We are also liable for losses caused by mere
negligence where that negligence concerns breachesof such contractual obligations with which complianceis particularly important to achieve the objects of thecontract. On the other hand, liability here is limited tolosses which are typically associated and foreseeablewith the contract. These typical losses will not
exceed EUR 1.3 m in any case. In particular, we shallnot be liable in such cases for any loss of profitson the Purchaser’s part or unforeseeable indirectconsequential losses.
7.3 Any further liability on Schüco’s part other than as
set out in sections 7.1 and 7.2 is excluded irrespectiveof the nature of the action in law. Insofar as our liability
is excluded or limited, that also applies to personal
liability on the part of our salaried staff, employees,
co-workers, agents and assistants.

Stand January 2016