(Effective as of 08/2026)

1. General Information

1.1 Our Terms of Delivery shall apply exclusively. We do not recognize any terms and conditions of purchase of the purchaser that conflict with our Terms of Delivery or contain provisions that go beyond them, unless we expressly agree to their validity in writing. Our Terms of Delivery shall apply even if we carry out the delivery without reservation while being aware of conflicting or deviating terms and conditions of the purchaser.

1.2 Our terms of delivery also apply to all future transactions with the customer, even if no reference is made to our terms in individual cases.

1.3 Our terms of delivery apply only to merchants as defined in §24 of the German Law on Standard Terms and Conditions (AGBG).

1.4 All prices listed in our price lists and quotations are subject to change. Contracts and other agreements—in particular verbal side agreements and representations made by employees and representatives—become binding only upon our written confirmation. Our written order confirmation shall govern the delivery. The documents accompanying the offer—such as illustrations, drawings, technical data, and dimensional specifications—are binding for the execution of the order only if we have expressly confirmed them in writing.

1.5 We reserve all ownership rights and copyrights to drawings and other documents (designs, dimensional and weight specifications, models, and the like) as well as technical developments documented by PME. The Buyer or third parties are not permitted to reproduce such documents or manufacture items based on them. The customer may not make these documents or items available to third parties, disclose them, use them, or reproduce them without the seller’s express consent. Upon request, the customer must return them to the seller in their entirety and without retaining any copies.

PME Injector Technology may only be used in conjunction with PME system technology.

Any violation entitles us to demand injunctive relief and full compensation for damages. Likewise, the customer is liable to us for all losses resulting from any infringement of third-party rights caused by the use of the documents provided to us by the customer.

2. Prices, Packaging

2.1 Unless otherwise agreed, our prices are ex works, net, excluding packaging and shipping.

2.2 Costs for freight, packaging, insurance, customs duties, and any taxes that directly or indirectly affect the delivery shall be borne by the purchaser.

2.3 Insofar as we are obligated to take back commercial packaging (in particular transport and outer packaging) pursuant to the provisions of Regulation (EU) 2025/40 (PPWR) and the applicable national regulations (in Germany the Verpackungsrecht-Durchführungsgesetz – VerpackDG, in other EU Member States the respective national implementation laws), the parties agree on a deviation from the statutory default obligation of collection: The return by the customer shall be effected by carriage-paid return shipment (free of charge for us) to our registered place of business. Alternatively, the commercial customer is entitled and obligated to dispose of and recycle these packagings at their own expense in an orderly manner and in accordance with the respective local statutory requirements.“

2.4 The calculation is based on the sales tax rate in effect at the time of delivery. Sales tax is not charged only in cases where the requirements for a tax exemption on export shipments are met.

3. Payment, Late Payment

3.1 Payment of the purchase price and for services rendered must be made within the agreed-upon period, but no later than 30 days after delivery, by bank transfer to our account, regardless of when the goods are received.

3.2 Money orders, checks, and bills of exchange will be accepted only by special agreement and only on account of payment, subject to the charging of all collection and discount fees. We expressly reserve the right to refuse such payments.

3.3 The customer is entitled to withhold payments or set off claims only if the customer’s counterclaims have been legally established, are undisputed, or have been acknowledged by us.

3.4 If the payment term is exceeded, we are entitled to charge interest at the applicable bank rates for overdrafts, but at a minimum of 4% above the applicable discount rate of the Deutsche Bundesbank. We reserve the right to claim further damages resulting from the delay.

3.5 Failure to comply with the terms of payment or circumstances that come to our attention after the conclusion of the contract and that raise doubts about the buyer’s willingness to pay—e.g., unfavorable credit reports, deterioration of financial circumstances, the initiation of judicial or extrajudicial composition proceedings or bankruptcy proceedings concerning the purchaser’s assets, protests of bills of exchange, failure to pay in accordance with the terms of other contracts and deliveries, etc.—entitle us to demand immediate payment of all our claims. We are then also entitled to make any outstanding deliveries only against advance payment. If such payment is not made, we are entitled to withdraw from the contract for non-performance after a reasonable grace period. We may also demand the resale and processing of the delivered goods at the purchaser’s expense. In the aforementioned cases, we are entitled, after prior notice and setting a deadline, to enter the purchaser’s premises, take possession of the delivered goods, and realize their value to the best of our ability through private sale, applying the proceeds toward the outstanding purchase price claim, less any costs incurred.

4. Delivery

4.1 Delivery periods and dates are approximate only, unless we have expressly designated them as binding in writing. The delivery period begins on the date of the order confirmation, but not before all technical and commercial details have been clarified, approvals have been submitted, etc., and/or an agreed-upon down payment has been received. Changes to the design of the delivery item will interrupt and extend the delivery period accordingly.

4.2 The delivery deadline is deemed to have been met if, by the time it expires, the goods have left the factory or notification has been given that they are ready for shipment.

4.3 Our delivery period is suspended as long as the customer is in arrears on any payment.

4.4 Partial deliveries are permitted.

4.5 The agreed delivery deadlines shall be extended appropriately in the event of circumstances that demonstrably have a significant impact on the completion or delivery of the goods. This also applies if such circumstances arise at subcontractors. We shall not be held responsible for the aforementioned circumstances even if they arise during a period of delay that has already begun. In significant cases, we will notify the purchaser of the start and end of such impediments as soon as possible. In such cases, we are also entitled to withdraw from the contract without being liable for damages.

4.6 If we are in default, the customer must set us a reasonable grace period in writing. If we fail to ship the goods even within this grace period, the customer is entitled, upon expiration of the grace period, to rescind the contract with respect to those parts that had not been shipped by the time the grace period expired. The customer is entitled to rescind the entire contract only if the partial deliveries already made are of no interest to the customer. Further claims arising from the delay, in particular claims for damages, are excluded unless the delay was caused intentionally or by gross negligence. In the event of gross negligence, our liability for damages is limited to compensation for the damage foreseeable at the time the contract was concluded.

4.7 Adherence to the delivery deadline is contingent upon the purchaser’s fulfillment of its contractual obligations.

5. Shipping and Transfer of Risk

5.1 All shipments are made at the customer’s risk. We will select the shipping method and route. We will make every effort to accommodate the customer’s preferences. We are not obligated to insure the goods against damage during transit.

5.2 The risk passes to the customer no later than when the goods are shipped; this applies even if partial deliveries are made, if we bear the shipping costs, or if we arrange for the transportation of the goods.

5.3 Goods reported as ready for shipment must be picked up immediately. Otherwise, we are entitled, at our discretion, to either ship them or store them at the customer’s expense and risk and invoice them immediately.

5.4 If shipment is delayed due to circumstances beyond our control, the risk shall pass to the customer on the date the goods are ready for shipment.

6. Retention of Title

6.1 Deliveries remain our property until all claims, regardless of their legal basis, have been paid in full, even if the purchase price for specifically designated deliveries has been paid. In the case of open accounts, the retained title serves as security for the outstanding balance. Any processing or treatment of goods subject to retained title is carried out on our behalf as the manufacturer, excluding the acquisition of ownership pursuant to §950 of the German Civil Code (BGB), without imposing any obligations on us. The processed goods serve as security for the supplier in the amount of the invoice value of the goods subject to retention of title.

6.2 If the purchaser processes the goods with other goods that do not belong to us, we shall be entitled to co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the value of the other goods used in the processing at the time of processing. Otherwise, the same provisions apply to the new item resulting from the processing as to the goods subject to retention of title. It shall be deemed goods subject to retention of title within the meaning of these terms and conditions.

6.3 The customer may not dispose of the goods that are still our property—whether by sale, pledging, transfer of ownership by way of security, or in any other manner. Resellers are entitled to sell the goods in the ordinary course of business, provided that they, in turn, reserve title to the goods.

6.4 The reseller’s rights arising from its retention of title, as well as its claims arising from the resale, are hereby assigned to us as security for all of our claims arising from the business relationship, regardless of whether the goods subject to retention of title are resold as is or after processing, and regardless of whether they are resold to one or more buyers.

6.5 In the event that the goods subject to retention of title are sold by the purchaser together with other goods not belonging to us, either as-is or after processing, the assignment of the claim shall apply only up to the value of the goods subject to retention of title. The same applies if the goods subject to retention of title, either alone or together with other goods, are the subject matter or partial subject matter of a contract for work and labor, a contract for work and materials, or a similar contract. At our request, the purchaser is obligated to notify the third-party buyer of the assignment so that payment may be made to us.

6.6 The purchaser may not make any dispositions regarding the goods subject to retention of title that do not comply with the conditions set forth in paragraphs 6.4 and 6.5.

6.7 We are entitled to apply payments received toward the claims for which the security applies in their entirety.

6.8 The customer must notify us immediately of any attachment or other interference by third parties.

6.9 If the value of the existing collateral exceeds the total amount of our claims by more than 20%, we are obligated, at the customer’s request, to release collateral of our choice to that extent.

7. Warranty, Notice of Defects, and Limitation of Liability

7.1 Upon Delivery of Products
A performance warranty for products delivered in individual parts can only be granted if they are assembled by PME employees or, at a minimum, under our supervision. We are liable for defects in the delivery—including the absence of expressly warranted characteristics—to the exclusion of any further claims, as follows:

I) All parts that, within 12 months (or within 6 months in the case of multi-shift operation) of commissioning, are demonstrably rendered unusable or have their usability significantly impaired as a result of a circumstance occurring prior to the transfer of risk—in particular due to defective design, substandard materials, or defective workmanship. Such defects must be reported to us in writing without delay. Replaced parts become our property. If shipment, installation, or commissioning is delayed through no fault of ours, our liability shall expire no later than 12 months after the transfer of risk. For third-party products installed in our  equipment—such as motors, electrical systems, electronics, etc.—our liability is limited to the assignment of the liability claims to which we are entitled against the supplier of the third-party product. Representations regarding performance, speed, etc., are deemed to have been fulfilled if, upon verification, they deviate by no more than 5%.

II) The purchaser’s right to assert claims for defects expires in all cases 6 months from the date of a timely notice of defect, but no earlier than the expiration of the warranty period.

III) No liability is assumed for damage resulting from the following causes: unsuitable or improper use; incorrect installation or commissioning by the customer or third parties; natural wear and tear; improper or negligent handling, in particular excessive strain; vandalism, unsuitable operating materials, replacement materials, defective construction work, unsuitable building site conditions, chemical, electrochemical, or electrical connections, provided that such damage is not attributable to our fault.

IV) In the event of a valid and prompt notice of defects, the purchaser is entitled to have defective parts repaired. Alternatively, while taking the purchaser’s interests into reasonable consideration, we are entitled, at our discretion, to provide replacement deliveries or to compensate for the loss in value. The purchaser must grant us a reasonable period of time to carry out the repair and allow us at least two attempts to do so; otherwise, we are released from our warranty obligation. Only in urgent cases where operational safety is at risk—of which we must be notified immediately—or if we are in default regarding the rectification of the defect, does the purchaser have the right to rectify the defect themselves or have it rectified by a third party and to demand reasonable reimbursement of their costs from us.

V) If we fail to fulfill our obligation to remedy defects, or fail to do so in accordance with the contract, or if such remedy fails, or if we fail to provide warranty coverage in any other manner pursuant to paragraph III), the purchaser shall be entitled to a price reduction, reimbursement, or, at its option, rescission of the contract.

VI) Of the direct costs incurred as a result of the repair or replacement, we shall bear—to the extent that the complaint proves to be justified—the costs of the replacement part, including shipping, as well as the reasonable costs of removal and installation; furthermore, if this can reasonably be required based on the circumstances of the individual case, the costs of any necessary dispatch of our technicians and support staff. In all other respects, the customer shall bear the costs.

VII) The replacement part and the repair are covered by the same warranty as the delivered item. The warranty period for defects in the delivered item shall be extended by the duration of the business interruption caused by the repair.

VIII) Any modifications or repairs carried out improperly by the customer or a third party without our prior approval will void our liability for any resulting consequences.

7.2 For the Delivery of Third-Party Products
In the case of the delivery and installation of third-party products, our liability for the delivery and installation is limited solely to the assignment of the liability claims to which we are entitled against the supplier of the third-party products. The terms and conditions of the third-party supplier are available upon request.

7.3 PME fluidtec is obligated to provide subsequent performance exclusively at its own company headquarters. The client must arrange for delivery to that location. The client is responsible for paying the necessary shipping costs. If the complaint regarding a defect proves to be justified, PME fluidtec will reimburse the necessary shipping costs. The client must return the defective shipment to us for inspection or repair within 2 weeks for shipments within Europe and within 4 weeks for shipments outside Europe.

7.4 Miscellaneous
Warranty claims will be considered only if they are submitted to us in writing. Any other or further warranty claims are excluded. This also applies to claims for compensation for damages that did not occur to the delivered item itself (consequential damages resulting from defects). Warranty claims for wear-and-tear parts are excluded.

8. Liability

8.1 Unless otherwise provided in these Terms and Conditions, we shall be liable for damages arising from a breach of contractual or non-contractual obligations only in cases of willful misconduct or gross negligence. However, we shall be liable for willful misconduct or gross negligence on the part of nonexecutive agents only if they breach a material contractual obligation.

8.2 All claims against us, regardless of their legal basis, shall be barred by the statute of limitations no later than one year after they arise, unless shorter limitation periods are provided for by law or agreed upon in the Terms and Conditions of Delivery and Sale.

8.3 Claims for personal injury or damage to property used for private purposes under the Product Liability Act remain unaffected by the foregoing provisions.

9. Place of Performance, Jurisdiction

9.1 The place of performance for our deliveries and services—and in particular for the performance of subsequent performance—is our company’s registered office.

9.2 The place of jurisdiction—including for matters involving bills of exchange and checks, as well as for all disputes arising directly or indirectly from the contractual relationship and for judicial collection proceedings—shall be the registered office of our company. We are entitled to sue the purchaser at the purchaser’s general place of jurisdiction.

10. Final Provisions

10.1 These Terms and Conditions and all legal relationships between us and the customer are governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

10.2 The customer’s rights arising from the legal transaction entered into with us are not transferable.

10.3 Obvious errors on our part in the offer, order confirmation, or invoice entitle us to contest the contract or withdraw from it.