Additional Terms and Conditions for
Assembly Service, Repair and Other Services
of Bosch Rexroth AG
Version: October 2021
The following conditions (hereinafter called "SERVICE CONDITIONS") shall apply to all assembly services, repairs and otherservices (hereinafter called "SERVICES") performed by Bosch Rexroth AG, Zum Eisengiesser 1, 97816 Lohr a.Main ,Germany (hereinafter called "BOSCH REXROTH") for the customer (hereinafter called "CUSTOMER") on products, machines
or systems (hereinafter called "SERVICE OBJECT") in addition to the General Terms and Conditions of Deliveries andServices of Bosch Rexroth AG" (hereinafter called "T&C"). The scope of application shall not include pure services relating
to software or the production/modification of software. In the event of conflicting clauses, the provisions of the T&C shalltake precedence over these SERVICE CONDITIONS. The T&C and the SERVICE CONDITIONS can be downloaded at:https://www.boschrexroth.com/en/dc/legal-notice/.
1. General provisions
1.1. The meaning set out in the Preamble and the supplementary definitions in Section 17 applies to the capitalized terms used in these SERVICE CONDITIONS.

reduction of or an exemption from withholding tax,
e.g. according to an applicable Double Taxation
Agreement. If an exemption or a reduction does not
apply, the CUSTOMER shall be entitled to deduct thewithholding tax from the remuneration and transfer
it to the responsible tax authorities. The CUSTOMER
shall be obliged to present BOSCH REXROTH with alegally valid tax statement for the retained withholding tax.

1.2. Oral agreements before or during the conclusion of
the contract shall be confirmed in writing by BOSCHREXROTH in order to become legally valid.
2. Prices and price correction
2.1. Unless specific remuneration is agreed, the SERVICES of BOSCH REXROTH shall be invoiced according to the actual time and material basis.
2.2. Prices for utilised parts, materials, tools and otherspecial services (e.g. scrapping performed by
BOSCH REXROTH), the remuneration for the work
performed and any additional TRAVELLING EXPENSES and TRANSPORT COSTS incurred in connection with the deployment of SERVICE PERSONNEL shall be shown separately.
2.3. In the event of preparation of a non-binding cost estimate, BOSCH REXROTH shall immediately informthe CUSTOMER if it is ascertained that the SERVICES
cannot be furnished without substantially exceeding
the cost estimate. The cost estimate shall bedeemed to have been substantially exceeded if it differs by at least 15 % from the cost estimate.
2.4. If BOSCH REXROTH states that the cost estimate has
been substantially exceeded, the CUSTOMER shallbe obliged to decide whether he still wants the SERVICES to be performed. If the CUSTOMER does notwant to continue with the contract on account of theadditional costs, he may terminate the contract
within two weeks after receiving notification fromBOSCH REXROTH. Section 10.1 shall apply. If the
CUSTOMER does not reply within two weeks after
receiving notification of a change in costs, this pricecorrection shall be deemed to have been accepted.

3.

Remuneration for work performance, working
hours
3.1. BOSCH REXROTH shall be entitled to demand reasonable advance payments.
3.2. The remuneration for the SERVICES shall be calculated on an hourly basis using the COST RATES. The
COST RATES shall be calculated based on the cost
factors (especially wage costs, surcharges, additional subsistence and accommodation expenses,etc.) which apply at the time of performance of theSERVICES. If these COST RATES change, BOSCHREXROTH shall reserve the right to adjust them to areasonable extent. BOSCH REXROTH shall informthe CUSTOMER about this change in the COSTRATES and shall provide evidence if requested to do
so. If this leads to an increase in the remunerationof more than 5 %, the CUSTOMER shall be entitled
to terminate the contract within two weeks after receiving notification of the change in the COSTRATES. Section 2.4 shall apply accordingly.
3.3. Travel times shall be invoiced as working hours according to the COST RATES. Waiting times at thework location through no fault of BOSCH REXROTH,
the time required for necessary accommodation andany official reports, and the time required for troubleshooting shall also be regarded as working hours.
3.4. The CUSTOMER shall confirm the working hours of
the SERVICE PERSONNEL in writing or electronicallyon a daily or weekly basis or according to the format
submitted after the end of the work depending oncommon practice. Any objections by the CUSTOMER
shall be raised in the submitted format or separately
in writing.

2.5. If, in the case of SERVICES, the CUSTOMER asserts
a retention amount for the remuneration within theframework of a withholding tax deduction according
to the law of the country in which he is domiciled,
the CUSTOMER shall primarily support to achieve a
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Supplementary Service Conditions for Installation Services, Repair Services and Other Services of Bosch Rexroth AG
3.5. The regular working time and the remuneration for
additional work, late work, night work and work on
Sundays and PUBLIC HOLIDAYS by the SERVICEPERSONNEL shall be based on the collective labor
agreements relevant for the individual employment
contract of the employee. Overtime work shall be
performed if this is necessary and has been agreed
with BOSCH REXROTH. Exceeding the maximum
working time of 10 hours per day under labor law
applicable at the work location and work on Sundays
and PUBLIC HOLIDAYS shall only be permitted in exceptional cases of urgency and shall be approved by
BOSCH REXROTH and, if necessary, by the competent supervisory authorities at the work location. Between two work shifts a break in accordance withthe applicable labor law at the work location but ofat least 11 hours shall always be observed.
4. TRAVELLING EXPENSES and TRANSPORT COSTS
4.1. Unless otherwise expressly stipulated, TRAVELLING
EXPENSES and TRANSPORT COSTS shall be paid
separately by the CUSTOMER. TRAVELLING EXPENSES and TRANSPORT COSTS shall also include
additional expenditure which is incurred as a resultof rebookings and cancellations for which BOSCHREXROTH is not responsible.
4.2. The right of the SERVICE PERSONNEL of homeleaves shall be based on the currently valid legal regulations or collective labor agreements.
4.3. The classes, tariffs or rates (e.g. kilometer allowance) claimed by the SERVICE PERSONNEL for necessary means of transport (e.g. rental car, taxi, public transport, airplane, ship) are shown in the COSTRATES.
5. Tool provision costs
5.1. The COST RATES include basic equipment of tools,
devices and measuring instruments customary to thesector . However, if special tools, devices or measuring instruments are required to perform the SERVICES, they shall be invoiced separately according to
the latest price list.
6. Non-performable SERVICES
6.1. The services provided in submitting a cost estimate
and any additionally incurred and documented expenditure shall be invoiced to the CUSTOMER if thework cannot be performed due to reasons for which
BOSCH REXROTH is not responsible, especially if a
failure forming the subject of complaint during repair
work did not arise during troubleshooting or spareparts are not available through no fault of BOSCHREXROTH.
6.2. BOSCH REXROTH shall only restore the SERVICEOBJECT to the state before the start of the SERVICES in relation to work not forming part of theSERVICES at the express request of the CUSTOMER
in return for reimbursement of the costs.

7. REMOTE SERVICES
7.1. REMOTE SERVICES shall be provided if this has been
agreed by the parties. The specific performance andextent of the REMOTE SERVICES shall depend on thelatest state of the art and the equipment available,
and shall be based on the individual agreement. The
CUSTOMER realizes that situations may arise whichcannot be resolved by REMOTE SERVICES. These situations shall not be covered by the scope of the REMOTE SERVICES.
7.2. The CUSTOMER shall ensure that his data and otherinformation, which BOSCH REXROTH may come into
contact with when providing the REMOTE SERVICES,
are properly secured. BOSCH REXROTH shall not beliable for any loss of data. The CUSTOMER shall beobliged to check data for viruses, Trojans or othermalware before it is sent to BOSCH REXROTH. The
CUSTOMER shall also be obliged to use state-of-theart anti-virus programs.
7.3. The CUSTOMER shall be personally responsible forestablishing and maintaining the necessary technicalfacilities (e.g. LAN/WLAN/Skype/Team Viewer) in his
area of responsibility for the provision of REMOTESERVICES. The CUSTOMER shall also pay the costsin this respect. The CUSTOMER shall be responsible
for ensuring that the connection is permanently
available for the duration of the provision of REMOTESERVICES and that it has sufficient speed and capacity. If it is necessary to use third-party software provided by the CUSTOMER for the REMOTE SERVICES,
the CUSTOMER shall ensure that all licenses required for this software are available, that no copyrights or industrial property rights of third parties
are infringed, and that his hardware and software environment satisfies the system requirements of thesoftware. If necessary, BOSCH REXROTH shall be informed in good time before the REMOTE SERVICES
are furnished about user name and password or system accesses shall be set up.
7.4. During the provision of the REMOTE SERVICES, theCUSTOMER shall ensure that the SERVICE OBJECT
is in a suitable and secure condition for this purpose,and that valid legal regulations (e.g. acquisition ofnecessary approvals) are observed. In particular, existing (IT) security devices shall be maintained andused in a fully functional state ready for operation.
7.5. The CUSTOMER shall inform BOSCH REXROTH immediately about any changes, which cannot be discerned by the SERVICE PERSONNEL, in relation to
the condition, state, configuration, operating mode,
repairs, etc. of the SERVICE OBJECT, as well as
about changed environmental factors.
7.6. Unless otherwise agreed, a connection for the provision of REMOTE SERVICES shall only be established

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Supplementary Service Conditions for Installation Services, Repair Services and Other Services of Bosch Rexroth AG
by BOSCH REXROTH or by a third party commissioned by BOSCH REXROTH after authorization by
the CUSTOMER. The CUSTOMER shall confirm theexistence of the suitable and safe state of the SERVICE OBJECT and its environment before the connection is established. Unless otherwise expressly
agreed, a person authorized by the CUSTOMER shallbe near the SERVICE OBJECT during every REMOTESERVICE and shall be able to see every movement of
the SERVICE OBJECT. In accordance with Section
8.4. of these SERVICE CONDITIONS, the CUSTOMER
shall, in particular, comply with the necessary safetymeasures in regard to a REMOTE SERVICE and shall
implement any required special measures or provide
relevant information. The CUSTOMER shall therefore
assume full responsibility on-site.
7.7. The CUSTOMER shall also ensure that BOSCHREXROTH does principally not have any access topersonal data during the REMOTE SERVICES. If personal data is processed, especially because employees of the CUSTOMER are visible during the REMOTESERVICES, the CUSTOMER shall put up a notice tothe effect that REMOTE SERVICES will be performed
in a specific area before they actually commence. If
personal data is processed, each party shall comply
with data protection legislation.
8. Duty to collaborate by the CUSTOMER
8.1. The CUSTOMER shall support the SERVICE PERSONNEL to perform the SERVICES at his own expense.
8.2. If necessary, the CUSTOMER shall be obliged to provide technical assistance at his own expense, in particular to: Provide the required number of suitable assistants during the period required for the SERVICES. BOSCH REXROTH shall assume no liability
for these assistants. If an assistant causes a failure or damage as a result of mandatory instructions by the manager of the SERVICE PERSONNEL, the provisions of Sections 11 and 12 shallapply accordingly.
Perform all earthwork, construction work, bedding work and scaffolding, including procurement of the necessary construction materials andresources.



Provide the SERVICE OBJECT in a shutdown andcleaned condition.

Provide the necessary devices and heavy tools(e.g. lifting gear, compressors), as well as the required supplies and consumables (e.g. scaffolding timbers, wedges, underlays, cement, cleaningand sealing materials, lubricants, fuels, and driving ropes and belts).

Provide heating, lighting and water, including thenecessary connections.

Provide necessary, dry and lockable rooms forthe equipment and tools brought with the SERVICE PERSONNEL.



Provide transport facilities for any parts that haveto be assembled at the work location, protect theparts and materials to be assembled or repaired
against any kind of damaging influences, and forcleaning of the work location.

Provide suitable burglar-proof recreation rooms
and work rooms (with heating, lighting, washingand sanitary facilities), and first aid for the SERVICE PERSONNEL.



Provide materials and carry out all other actions,especially safety measures, which are necessary
for the installation of the SERVICE OBJECT andfor the execution of any contractually agreed trial
operation.

Provide and dispose of operating media together
with connections, cleaning utensils, oil binding
agents, filter elements and packaging materials.



Implement safety-related measures to protect theSERVICE PERSONNEL.



Provide any necessary means of communication,either free of charge or in return for a reasonablefee.

8.3. The technical assistance provided by the CUSTOMER
shall ensure that the SERVICES can start straightaway after the arrival of the SERVICE PERSONNEL andwithout delay up to acceptance by the CUSTOMER.
If special plans or instructions by BOSCH REXROTH
are required, BOSCH REXROTH shall provide themto the CUSTOMER in good time.
8.4. The CUSTOMER shall implement the special
measures that are required to protect people andproperty at the work location. The CUSTOMER shallalso inform the SERVICE PERSONNEL (or their manager) about existing safety and accident prevention
regulations relevant for the SERVICE PERSONNEL.
8.5. If the SERVICES relate to a control system of BOSCHREXROTH or its commissioning, BOSCH REXROTH
shall, in case of doubt, only create the functionalityof the software in accordance with documentation.
The CUSTOMER shall be obliged to (re)create CUSTOMER-specific adaptations of the software andcomply with valid laws and accident prevention regulations in this respect.
8.6. If the CUSTOMER fails to comply with his duties tocollaborate, BOSCH REXROTH shall be entitled but
not obliged, after granting a reasonable period ofgrace, to perform the CUSTOMER'S actions insteadof the CUSTOMER at his expense. Legal rights andclaims shall not be affected.

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Supplementary Service Conditions for Installation Services, Repair Services and Other Services of Bosch Rexroth AG
9.

Time period for performance of the SERVICES,
delay
9.1. All information relating to the execution periods for
performing the SERVICES shall be based on estimates and shall therefore not be binding. The CUSTOMER may only request the agreement of a binding
period for the performance of the SERVICES, whichshall be deemed to be binding, if the extent of theSERVICES has been precisely defined.
9.2. A binding performance period shall be deemed tohave been met if, by the end of this period, the SERVICE OBJECT is ready for acceptance or takeover by
the CUSTOMER and, in the case of a contractuallyagreed acceptance test, the latter is ready to be performed.
9.3. In the event of additional orders and contract extensions placed subsequently or any necessary additional SERVICES, an agreed execution period shallbe extended accordingly by the time that is required
to perform these SERVICES.
9.4. Claims for reason of delay shall be based solely on
Section 2 of the T&C.
10. Termination of the contract
10.1. If the CUSTOMER makes use of his right to terminate the contract according to § 648 of the German
Civil Code (BGB), he shall pay BOSCH REXROTH thatpart of the remuneration corresponding to the SERVICES performed. BOSCH REXROTH may additionally request, as reimbursement for the other costs
and lost profit, a flat-rate sum of 10 % of the partial
amount from the contractually agreed total price atthe time of termination that relates to that part of
the SERVICES not furnished by BOSCH REXROTH up
to the date of termination. The parties shall reserve
the right to prove that the sum due to BOSCHREXROTH under § 648 of the German Civil Code
(BGB) is lower or higher.
11. Acceptance
11.1. The CUSTOMER shall be obliged to accept theSERVICES as soon as he has been notified that they
have been completed and any contractual agreed acceptance test has taken place. If the furnished SERVICES prove to have a defect, BOSCH REXROTH shallbe obliged to rectify the defect at its own expense.
This provision shall not apply if the defect is basedon circumstances for which the CUSTOMER is responsible or if the defect is insignificant for the interests of the CUSTOMER.
11.2. If acceptance is delayed through no fault of
BOSCH REXROTH, acceptance shall be deemed tohave taken place after a period of two weeks has
elapsed since notification of completion of the SERVICES or acceptance test.

12. Defect as to quality
12.1. After the SERVICES have been accepted, BOSCHREXROTH shall be liable for defects in the SERVICES
to the extent that it rectifies them. In accordancewith legal regulations and in urgent cases endangering operational safety and to prevent disproportionately serious damage, which shall be reported immediately to BOSCH REXROTH or if – after taking account of legal exceptions – a grace period grantedby the CUSTOMER to BOSCH REXROTH lapses without success, the CUSTOMER shall only be entitled torectify the defect himself or have it rectified by third
parties, to request reimbursement of the documented necessary costs. In the event of a justifiedcomplaint, BOSCH REXROTH shall pay the direct
costs incurred in rectifying the defect, unless they
are excessive.
12.2. The defect claims shall not be valid if the defectis based on circumstances for which the CUSTOMER
is responsible or if the defect is insignificant for theinterests of the CUSTOMER.
12.3. The claims can be made on the basis of defects if
the CUSTOMER has modified or repaired the SERVICE OBJECT outside normal maintenance measures
without the approval of BOSCH REXROTH.
12.4. If rectification fails, the CUSTOMER may withdraw from the contract or reduce the remuneration
irrespective of any compensation claims in accordance with legal regulations.
13. Payment terms
13.1. When the contract is concluded, BOSCHREXROTH shall be entitled to request a reasonableadvance payment and/or reasonable progress payments.
14. Data use and Data protection
14.1. In order to furnish the SERVICES, BOSCHREXROTH or third parties will during their performance and for the period required hereto use, store,
copy, modify, analyze, supply, read, download orotherwise process the information that is provided,
generated, read or processed in connection withthese SERVICES.
14.2. BOSCH REXROTH shall have the right to use data,
which is transferred in connection with the SERVICES, in a pseudonymized or anonymized form formachine learning and product improvements or enhancements.
14.3. If and to the extent permitted by law, BOSCHREXROTH shall have the right to store, use, transfer
and/or exploit all CUSTOMER information, except
personal data, which is provided, generated, read orprocessed in connection with the SERVICES overand beyond the subject of the contract for any otherpurposes. These purposes shall include but not be

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Supplementary Service Conditions for Installation Services, Repair Services and Other Services of Bosch Rexroth AG
limited to the improvement or enhancement, production, commercialization and sale of products andservices of BOSCH REXROTH, as well as statistical,
analytical and internal purposes for instance.
14.4. The CUSTOMER warrants that it is entitled to
grant the designated utilization and exploitationrights according to Sections 14.1-14.3 and that it has
not entered into any agreements opposing such use.

17.5. SERVICE PERSONNEL: Persons entrusted by
BOSCH REXROTH to perform the SERVICES.
17.6. TRANSPORT COSTS: Costs of transport andtransport insurance for personal luggage and thetools of the SERVICE PERSONNEL taken or sent inorder to perform the SERVICES.

14.5. The rights of BOSCH REXROTH according to thisSection 14 shall be irrevocable, free of charge andworldwide and the rights apply accordingly in favorof companies in the Bosch Group of companies.
14.6. Insofar as personal data is processed by BOSCHREXROTH and/or its affiliated companies within themeaning of § 15 of the Stock Corporation Act (AktG),
the statutory data protection regulations will beobserved. In this case, the details relating to the datacollected and the respective processing thereof are
set out in the data privacy statements of BOSCHREXROTH(https://www.boschrexroth.com/en/xc/home/privacy) or its affiliated companies of which the
CUSTOMER will be advised in an appropriate manner.
15. Compensation by the CUSTOMER
15.1. If the devices or tools provided by BOSCHREXROTH are damaged or lost at the work location
through no fault of BOSCH REXROTH, the CUSTOMER shall be obliged to pay compensation. Damage caused by normal wear and tear shall not betaken into account.
16. Service contact:
Bosch Rexroth Service Hotline
Tel.: +49 (0)9352 405060
e-mail: service@boschrexroth.de
17. Definitions
17.1. PUBLIC HOLIDAY: The legal public holidays at thework location and other statutory days off.
17.2. COST RATES: Charge rates of BOSCH REXROTH
applying at the time of performance of the SERVICES.
17.3. TRAVELLING EXPENSES: Costs for journeys madeby the SERVICE PERSONNEL to the work location
during the period of performance of the SERVICES
i.e. from the work location to the normal workplaceof the respective employee and back again as well as
for home leaves.
17.4. REMOTE SERVICES: Provision of SERVICES using
telecommunication facilities, e.g. by means of remotecontrol/remote
access/remote
maintenance/remote diagnosis/remote instruction.

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