Section 7 Quality / Warranty / Compensation for value 7.1 Samples and information about Nebelung's products, in particular the illustrations contained in offers or catalogues, drawings or weight, dimension and performance specifications are not quality guarantees, but rather are merely descriptions or labelling of the goods. Information on certain product qualities is generally based on studies under standardised environmental conditions. The results obtained by the customer may differ from the information in this regard, depending on the location, climatic conditions and cultivation methods. 7.2 In the event of justified and timely notification of defects, Nebelung shall remedy the defects by way of supplementary performance at Nebelung's discretion by remedying the defect or delivering a defect-free item. Nebelung is entitled to deliver a comparable item (such as a different variety), insofar as this is reasonable for the customer. Nebelung shall only bear the costs necessary for the purpose of supplementary performance if a defect actually exists. Defective goods must be returned to Nebelung in the original or equivalent packaging to check whether a warranty claim exists. 7.3 Nebelung is entitled to refuse supplementary performance in accordance with the statutory provisions. Supplementary performance may also be refused if the customer fails to return the rejected goods to Nebelung upon its request. 7.4 The limitation period for claims for defects is 12 months, with the exception of claims for damages which in turn are subject to the restrictions of Section 8 as a whole and, secondly, claims pursuant to Sections 438 paragraph 1 no. 1, 438 paragraph 1 no. 2 or 445b paragraph 1 BGB. 7.5 In all other respects, the statutory provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) shall apply with regard to warranty - including Section 377 HGB, unless otherwise specified in these GTC. Insofar as these GTC deviate from the statutory regulations, these deviations shall also not apply with regard to the statutory provisions for final delivery of the unprocessed goods to a consumer, also if it has further processed them (Supplier recourse, Section 445a BGB). Claims arising from supplier recourse exist without limitation to the extent permitted by law. However, claims arising from supplier recourse are excluded if the defective goods have been cultivated, altered or improperly handled by the customer or another entrepreneur. 7.6 If, in the event of withdrawal, it is only possible for the customer to return the goods in a damaged form due to circumstances occurring after the transfer of risk, it is obliged to pay Nebelung compensation for value in accordance with the statutory provisions. Other rights of Nebelung are unaffected by this. Section 8 Liability 8.1 Nebelung’s liability to pay damages for breach of obligations due to its own slight negligence, or for that attributed to it, is excluded. Nebelung’s liability to pay damages for breach of obligations due to its own gross negligence, or for that attributed to it, is limited to the damage typical for the contract, with the occurrence of which Nebelung must have reckoned with upon conclusion of the contract based on the circumstances known to it at that time Nebelung is liable for damage due to delay only to the amount a maximum of 5% of the remuneration agreed with Nebelung. 8.2 All claims for damages against Nebelung, regardless of the legal grounds, shall become statute-barred at the latest in one year after delivery of the goods to the customer or, in the case of tortious liability, from the date of becoming aware of or grossly negligent ignorance of the circumstances giving rise to the claim and of the person of the party liable to effect compensation. 8.3 The limitations of Section 8.1 to Section 8.2 do not apply to claims based on the Product Liability Act, in the event of injury to life, limb or health, in the case of the assumption of a guarantee or a quality risk or in the event of a breach of essential contractual obligations, i.e. those whose fulfilment makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. The limitations in Section 8.1 to 8.2 also do not apply in the case of liability for intent, malice and (with the exception of Section 8.1 sentence 2) for gross negligence. Section 9 Rights of use / Advisory services / Rights of return 9.1 The use of the brands, trademarks and symbols of Nebelung requires the written permission of Nebelung. 9.2 Unless expressly agreed otherwise, consultations in connection with the goods – for example on the topics of resistance, planting, storage, etc. – are not subject of the contract. Insofar as information is provided, it is non-binding. 9.3 If and to the extent that the customer has been contractually granted a right of return, this right is excluded when the products are damaged, pasted or labelled. Section 10 Stand material / Packaging 10.1 Any sales stands made available to the customer by Nebelung are not purchased by the customer, but rather permanently remain the property of Nebelung. The customer is obliged to treat the stands with care and to hand them back within six months of written request by Nebelung, but at the latest upon termination of the contract 10.2 Transport, sales and outer packaging must be disposed of at the customer’s own expense. The same applies to reusable packaging, unless Nebelung indicates at the latest when the goods are handed over that the reusable packaging must be returned. Section 11 Place of jurisdiction / Place of performance / Applicable law 11.1 The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract is the registered office of Nebelung. However, Nebelung is entitled to sue the customer before the court where the customer has its registered office. 11.2 Place of performance for deliveries and payments is Everswinkel. 11.3 The contractual language is German. Declarations and contracts concluded on the basis of these conditions shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG). Conflict of laws which may lead to the application of other legal systems is excluded to the extent permitted by law. Bruno Nebelung GmbH, As of: January 2026 GENERAL TERMS AND CONDITIONS OF BUSINESS 70
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