Supplement clause

The items in the deliveries (reserved goods) remain the property of the supplier until all claims against the buyer arising from the business relationship have been fulfilled. To the extent that the value of all security rights to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the supplier will, at the buyer's request, release a corresponding part of the security rights; the supplier has the choice between various security rights when releasing them.

During the existence of the retention of title, the buyer is prohibited from pledging or transferring ownership and the resale is only permitted to resellers in the ordinary course of business and only on the condition that the reseller receives payment from his customer or makes the reservation that ownership will only transfer to the customer once he has fulfilled his payment obligations.

If the buyer further sells reserved goods, he hereby assigns his future claims from the resale against his customers, including any secondary rights, as security to the supplier without the need for further special declarations. If the reserved goods are sold together with other items without a specific price being agreed upon for the reserved goods, the buyer assigns that part of the total price claim to the supplier that corresponds to the price charged by the supplier for the reserved goods.

a) The buyer is permitted to process the reserved goods or mix or combine them with other goods. The processing is done for the supplier. The buyer keeps the newly created item with the care of a diligent businessman for the supplier. The new item is considered reserved goods.

b) The supplier and the buyer already agree that in the event of combination or mixing with other items not belonging to the supplier, the supplier will always hold co-ownership of the new item in proportion to the value of the combined or mixed reserved goods relative to the value of the other goods at the time of combination or mixing. The new item is considered reserved goods to that extent.

c) The provision regarding the assignment of claims according to No. 3 also applies to the new item. However, the assignment is only valid up to the amount that corresponds to the value of the processed, combined, or mixed reserved goods charged by the supplier.

d) If the buyer combines the reserved goods with real estate or movable property, he also assigns his claim, which he is entitled to as compensation for the combination, with all secondary rights as security in proportion to the value of the combined reserved goods to the other combined goods at the time of combination to the supplier without the need for further special declarations.

Until revoked, the buyer is authorized to collect assigned claims from the resale. In the event of a significant reason, particularly in the case of payment default, suspension of payments, commencement of insolvency proceedings, bill protest, or substantiated indications of the buyer's over-indebtedness or impending insolvency, the supplier is entitled to revoke the buyer's collection authorization. Furthermore, the supplier may, after prior warning and within a reasonable period, disclose the security assignment, realize the assigned claims, and require the buyer to disclose the security assignment to the customer.

In the event of seizures, confiscations, or other dispositions or interventions by third parties, the buyer must notify the supplier immediately. Upon substantiation of a legitimate interest, the buyer must provide the supplier with the information necessary to assert his rights against the customer and hand over the necessary documents without delay.

In the event of breaches of duty by the buyer, particularly in the case of payment default, the supplier is entitled, after the unsuccessful expiration of a reasonable period set for the buyer to perform, not only to reclaim but also to withdraw; the legal provisions regarding the dispensability of setting a deadline remain unaffected. The buyer is obliged to return the goods. The recovery or assertion of the retention of title or the seizure of the reserved goods by the supplier does not constitute a withdrawal from the contract unless the supplier has explicitly declared this.