Terms & Condition

1. Scope

1.1 These General Terms and Conditions apply to all contracts, quotations, deliveries and services of Ingenieurbüro Frank Krämer Power Solution, represented by Dipl.-Ing. Frank Krämer, Röderbergweg 43, 60314 Frankfurt am Main, Germany (“IFKPS”), vis-à-vis entrepreneurs, companies, legal entities under public law and special funds under public law.

1.2 IFKPS does not offer its services to consumers. Any conflicting or deviating terms of the customer shall apply only if IFKPS has expressly accepted them in text form. Individually negotiated terms in the relevant contract or quotation shall prevail.

2. Services and Subject Matter

2.1 IFKPS provides, in particular, technical and commercial consulting, engineering, evaluation, procurement, sales, supply, project engineering and project support services relating to turbines, engines, energy facilities and power plants and, where expressly agreed, turnkey supply and EPC-related services.

2.2 The type and scope of the services owed are determined exclusively by the applicable written quotation, order, contract, specification or order confirmation. Services not expressly included are not owed.

2.3 For consulting, engineering and evaluation services, IFKPS owes professional performance of the agreed services but does not guarantee any specific commercial, technical or regulatory result unless such result has been expressly guaranteed in writing.

3. Quotations, Website and Contract Formation

3.1 Information on the website, in brochures, data sheets, asset lists, presentations and other information materials is generally non-binding and does not constitute a binding contractual offer.

3.2 Availability, location, condition, operating hours, output, technical data, scope of supply, schedules and prices require individual written confirmation. A contract is formed only upon written order confirmation by IFKPS or signature of an individual contract.

3.3 Technical information originating from manufacturers, owners, suppliers or other third parties is passed on to the best of IFKPS’s knowledge. It shall constitute an agreed specification only where expressly confirmed by IFKPS in writing.

4. Customer Cooperation and Review

4.1 The customer shall provide all information, documents, approvals, interface data and decisions required for the project in a timely and complete manner.

4.2 Before purchasing used or existing equipment, the customer is responsible for carrying out the technical, commercial, legal and site-specific review appropriate to its requirements unless IFKPS has expressly been commissioned to perform specified review services.

4.3 Delays or additional costs resulting from late, incomplete or incorrect cooperation by the customer shall not be attributable to IFKPS.

5. Prices and Payment

5.1 Unless otherwise stated, prices are net prices exclusive of statutory VAT and, where applicable, transport, insurance, customs, travel, installation and ancillary costs.

5.2 Payment schedule, currency, due dates and any security requirements are set out in the relevant quotation or contract. In the absence of a specific provision, invoices are due without deduction within 14 calendar days from the invoice date.

5.3 For larger projects, IFKPS may agree reasonable advance or milestone payments reflecting project progress, procurement requirements or reserved capacity.

6. Delivery, Dates and Transfer of Risk

6.1 Delivery and performance dates are binding only where expressly confirmed as binding. Agreed dates shall be reasonably extended where the customer fails to provide required cooperation on time.

6.2 Delivery terms, transport, packaging, insurance, transfer of risk and any applicable Incoterms® shall be agreed on a project-specific basis. In the absence of an express agreement, statutory provisions shall apply.

7. Changes and Additional Services

Changes to the scope of services and additional services require agreement. Where a change affects price, schedule, technical design or scope of supply, such effects shall, where reasonably possible, be documented before implementation and shall be charged additionally.

8. Used Equipment and Technical Condition

8.1 For used equipment, the individual quotation, available documentation and expressly agreed specifications determine the condition owed. Deviations resulting solely from age, operation or ordinary use do not in themselves constitute a defect.

8.2 No guarantee is given regarding remaining service life, efficiency, availability, emissions or future operating costs unless expressly identified and defined as a guarantee in the individual contract.

9. Inspection and Notice of Defects

Where the transaction is a commercial transaction for both parties, the statutory inspection and notification duties apply, in particular Section 377 of the German Commercial Code (HGB). The customer must notify apparent defects promptly following inspection and latent defects promptly after discovery.

10. Defects and Remedies

Statutory provisions concerning defects apply unless validly modified in the individual contract. IFKPS shall first be given a reasonable opportunity to cure the defect. Any guarantee as to quality or characteristics requires an express written declaration.

11. Liability

11.1 IFKPS shall have unlimited liability for intent and gross negligence, culpable injury to life, body or health, and in cases of mandatory statutory liability.

11.2 In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the loss typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are obligations whose performance is necessary for proper execution of the contract and on whose performance the customer may regularly rely.

11.3 Otherwise, liability for slight negligence is excluded. These limitations apply correspondingly for the benefit of IFKPS employees and agents.

12. Force Majeure

Neither party shall be liable for delay or non-performance caused by events beyond its reasonable control, including natural events, war, embargoes, governmental measures, strikes, major transport disruptions, energy or material shortages or comparable events. The affected party shall inform the other party without undue delay; affected deadlines shall be reasonably extended.

13. Export Control and Sanctions

International deliveries and projects are subject to applicable export control, customs, embargo and sanctions laws. Neither party is required to perform an obligation where doing so would violate mandatory law or an official order. Required approvals shall be obtained by the party responsible under the individual contract.

14. Confidentiality and Documents

Technical, commercial and project information marked as confidential or confidential by its nature may be used only for the relevant project and may not be disclosed to unauthorised third parties without consent. Mandatory legal disclosure obligations remain unaffected.

Copyright and other proprietary rights in drawings, calculations, concepts, quotations and other documents created by IFKPS remain with IFKPS. Rights of use are granted only to the extent required for the agreed contractual purpose unless otherwise agreed.

15. Retention of Title

Where IFKPS sells and delivers movable goods, title shall remain with IFKPS until the relevant claims have been paid in full, to the extent permitted by the applicable law. Further project-specific security rights may be agreed in the individual contract.

16. Governing Law and Jurisdiction

16.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless otherwise agreed in the individual contract.

16.2 Where the customer is a merchant, legal entity under public law or special fund under public law, Frankfurt am Main shall be the agreed place of jurisdiction to the extent legally permissible. IFKPS remains entitled to bring proceedings at the customer’s general place of jurisdiction.

17. Final Provisions

Amendments and supplements to an individual contract are subject to the form requirements agreed therein. If any provision of these GTC is or becomes wholly or partly invalid, the remaining provisions shall remain unaffected; the statutory provisions shall apply in place of the invalid provision.

Version: 17 September 2026.