Last updated: 01/09/2020 (LNG)

1. Scope

(1) Our deliveries, services and offers are made exclusively on the basis of these Terms & Conditions. They will therefore also apply to all future business relations, even if no explicit consent is given again.These Terms & Conditions will be deemed to have been accepted at the latest upon receipt of the goodsor services. We herewith object to any counter-confirmations by the Customer that make reference tothe Customer's own terms and conditions of business or purchase.

(2) All contractual agreements must be made in writing. Deviations from and amendments to these Terms & Conditions will only become part of the contract if we confirm them in writing.

(3) However, these Terms & Conditions will only apply to the extent that other terms and conditions of business issued by our company are not more specific. This may be the case in particular with regard to repairs, assembly, deliveries of equipment and materials, technical gases, industrial gases or pellets.The more specific terms and conditions set out there will then apply.

(4) Our Terms & Conditions apply to all customers both as consumers and businesses, unless a differentiation is made in particular clauses.

(5) Parts of our Terms & Conditions are printed on the back of forms (such as delivery notes andinvoices), are available in our business premises and can be requested at any time. They are also available as a PDF file at www.knauber.de.

2. Offer and conclusion of contract

(1) Our offers, whether verbal or written, are always subject to change and are non-binding. Orders will only become legally binding if they are confirmed by us in writing within a reasonable period.

(2) The conclusion of the contract is subject to correct and timely delivery on the part of our suppliers. This only applies in the event that we are not responsible for the failure to deliver, in particular if a matching cover transaction has been concluded with our supplier. We will inform the Customer immediately in the event of a service being unavailable. Any payment made will be reimbursed immediately.

(3) Dimensions, weights, analyses and properties are only binding if these have been explicitly agreed in writing. Warranted properties or quality guarantees as such must be explicitly agreed in writing.

(4) Our offers, advice and technical information are provided to the best of our knowledge. We will only accept liability for these offers, advice and technical information, also with regard to any building inspectorate or other approvals, in the event of intent and gross negligence.

(5) The Customer is responsible for obtaining any official or other approvals.

(6) The Customer is obliged to strictly comply with all relevant official regulations such as applicablebuilding laws, accident prevention regulations etc.

3. Use and storage

(1) Our gas (propane/butane/mixture) is subject to energy tax, therefore the following applies without restriction: "Tax-privileged energy product. May not be used as a fuel (LPG/staple gas/propellant gas) unless such use is permitted under the Energy Tax Act or the Energy Tax Implementation Ordinance. Any other useas a fuel will have consequences under tax and criminal law.” The Customer should contact the maincustoms office responsible in cases of doubt.

(2) The exception is LPG/forklift gas/propellant gas, for which the applicable energy tax must be added. The use of LPG/forklift gas/propellant gas must be notified to us in good time so that the particulardelivery can be duly taxed.

(3) Energy taxes must be borne by the Customer.

4. Prices

(1) All prices are subject to the statutory rate of value added tax applicable at the time of invoicing.

(2) We reserve the right to change our prices accordingly if, after conclusion of the contract, cost reductions or cost increases occur, for example, due to collective wage agreements, changes in the price of materials or changes in taxes. We will provide evidence of these changes to the Customer upon request. Fixed prices will only be valid if they are recognised as such in writing and agreed in conjunction with an agreement regarding the timing of the commencement and completion of work.

(3) Prices are quoted for normal working hours and labour. Collectively agreed surcharges will be added to actual wages for overtime, night, Sunday and public holiday hours as well as for work under difficult conditions.

5. Payment, default

(1) Unless otherwise agreed, the invoice amount is due without deduction upon delivery. Payment will only be deemed to have been made in due time if we can have the equivalent value at our disposal on the due date stated on the invoice. Failure to pay on time will incur interest at the usual bank interest rate, but at least 5 percentage points above the applicable published base rate in accordance with Section 247 of the German Civil Code (BGB). The interest rate for claims for payment in legal transactions not involving a consumer will be 8 percentage points above the base interest rate.

(2) If we have agreed a SEPA direct debit procedure with the Customer for the collection of claims, e.g. on the basis of a SEPA core direct debit mandate or a SEPA business-to-business direct debit mandate, and if this fails due to a circumstance for which the Customer is responsible, all residual claims will become due immediately.

(3) The Customer will only have the right to offset if their counterclaims have been legally established, are undisputed or have been recognised. The Customer is entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

(4) We may make further deliveries dependent on the Customer paying for the pending delivery in advance (prepayment) or providing appropriate collateral in the event of default in payment or a significant deterioration in the Customer's financial circumstances. The Customer will not be entitled to be supplied by a third party if this does not occur and if a delivery is not made for this reason.

(5) We are also released from the obligation to deliver in the event that a trade credit limit of a trade credit insurer is reduced or cancelled or a reduction or cancellation of the limit is threatened or announced.

6. Delivery

(1) The delivery quantity from road tankers is determined using certified delivery measuring devices on the vehicle and noted on the delivery note. The quantity determined in this way is definitive and binding for invoicing purposes.

(2) Quantities in cubic metres refer to the gaseous state at 15°C and a pressure of one bar. The filling quantity of the containers depends on the compressibility factor of the gases.

(3) If the Customer is absent when delivery is made, the Customer must send any complaints to us in writing within three days. Failure to make a complaint in good time will be deemed to constitute approval.

(4) We may also carry out our delivery obligation through third parties without this affecting the Customer's obligations and rights towards us.

(5) Fixed delivery dates or delivery periods must be agreed in writing.

(6) We may not be held liable for delays in delivery and performance due to force majeure or due to events that make delivery significantly more difficult or impossible for us, not only temporarily – such as strikes, lockouts, official orders – also in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable period of time.

(7) We are entitled to make partial deliveries and to provide partial performance.

(8) The cost of transporting gases in containers and pallets from the delivery point and of returning empty containers to the delivery point are to be borne by the Customer. In the case of self-collection, the Customer will be responsible for the proper loading and unloading of the vehicle as well as the securing of the load; in particular, the Customer will observe the relevant regulations regarding accident prevention, storage and transport.

(9) Delivery by road tanker can only be made if there are sufficiently paved, dimensioned and secured roads, streets and bridges and only via traffic routes approved for transport. If necessary, the Customer must apply for exemptions from the competent authorities at their own expense.

(10) The Customer shall ensure that the tank for the road tanker can be reached without difficulty.

(11) We deliver gases, cylinders or containers ex delivery point (factory or warehouse) in accordance with available capacities. The Customer must provide us with a suitable means of transport or suitable storage space at their own expense. We will only arrange transport and transport insurance at the Customer's explicit request and at the Customer's risk and expense.

(12) We reserve the right to make design and form changes to cylinders and containers which become necessary as a result of the technical development of gases. However, we will inform the Customer of this without delay.

(13) The Customer is aware of the legal and technical regulations governing the transport, storage, handling and use of gases, cylinders and containers. They must inform their employees and customers of all possible dangers to persons and property which are in any way connected to the gases, cylinders and containers in question, in accordance with the applicable regulations.

(14) The Customer undertakes to observe all safety precautions generally accepted in the industry.

(15) Defective cylinders and containers must not be used. The Customer undertakes to inform us and the carrier involved of the specific defect without delay.

(16) The Customer will be liable for damage to the cylinders and containers provided to them from the time of delivery until they are returned to the place of delivery or until they are surrendered to the carrier. The Customer must compensate us for any damage to or internal contamination of the bottles.

(17) We do not accept any liability for damage caused by maintenance, inspection or periodic testing of the cylinders and containers, unless the damage was demonstrably caused by faulty design. In this regard, we will only be liable to a limited extent for the damage caused by the defect.

(18) In the event of loss of cylinders or containers or in the event of damage by the Customer which precludes their suitability, we will charge the applicable purchase price taking into account a "new" for "old" discount of a flat rate of 25% or, optionally, the repair costs.

(19) Credit notes for returned cylinders or containers will only be issued if our prior written consent has been obtained.

(20) As a general rule, the Customer has no right of retention to cylinders or containers, also in relation to any other claims.

(21) Neither the Customer nor a third party is permitted to dispose of cylinders or containers without our explicit written consent.

7. Warranty

(1) If the Customer is a consumer, we will be liable in accordance with statutory provisions in the event of a defect, insofar as no restrictions arise from the following. If a replacement delivery fails, the Customer may request a reduction of the price in an appropriate amount or cancellation of the individual delivery. The consumer must notify us in writing of obvious defects within two weeks of the defect occurring. Warranty rights will lapse if notification is not made within the aforementioned period. This does not apply if the defect has been fraudulently concealed or if we have assumed a guarantee for the quality of the product by way of exception.

(2) If the Customer is a business, we reserve the right to choose the type of supplementary performance.

(3) If the Customer is a consumer, the limitation period for claims for defects is two years, or one year in the case of delivery of used items. The period begins with the transfer of risk.

(4) If the Customer is a business, the warranty period is always one year. The limitation period in the case of a delivery recourse according to Sections 478, 479 of the German Civil Code (BGB) remains unaffected.

(5) For the rest, other or more extensive warranty claims are excluded insofar as this is legally permissible.

(6) We do not provide the Customer with any legally-binding guarantees in this respect. Manufacturers' guarantees remain unaffected.

8. Liability (exclusion)

(1) Claims for damages on the part of the Customer arising from a positive violation of contractual duty, fault in the conclusion of the contract and tort are excluded, unless the damage was caused by intentional or grossly negligent action on our part, on the part of one of our vicarious agents or other representatives.

(2) Claims for damages on the part of the Customer arising from the use of faulty cylinders and containers will also only exist insofar as the use of these is due to intent or gross negligence on the part of one of our employees or legal representatives and the damage that has occurred was reported to us in writing without delay after it was discovered.

9. Retention of title

(1) We reserve title and the right of disposal to the delivery or the delivery items until receipt of all outstanding claims against the Customer and any affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG). The inclusion of individual claims in a current account as well as the striking of a balance and its recognition will not affect the retention of title.

(2) In the event of conduct on the part of the Customer in breach of the contract, in particular in the event of default in payment, we will be entitled to withdraw from the contract; the Customer will then be obliged to return to us without delay and at their own expense all goods subject to retention of title which are in their possession. The Customer must allow us unhindered access to their premises in the event of withdrawal from the contract. The repossession of the object of sale will constitute withdrawal from the contract. We will be entitled to dispose of the object of sale after we have taken it back. The proceeds from the disposal will be credited against the Customer's liabilities – less reasonable costs or expenses.

(3) The Customer is obliged to treat goods subject to retention of title with care and, if necessary, to insure them adequately against damage by fire, water or theft at their own expense.

(4) The Customer must notify us immediately in writing in the event of seizure or other interventions by third parties so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with Section 771 ZPO, the Customer will be liable for the loss incurred by us.

(5) Ownership of the delivered goods will only pass to the Customer after full payment of all claims by us against the Customer or against the Customer's affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG).

(6) The Customer shall be entitled to resell goods subject to retention of title in the ordinary course of business. However, they already now assign all claims in the amount of the final invoice amount(s) of our claims accruing to them from the resale against their customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The Customer will remain authorised to collect this claim even after the assignment. Our right to collect the claim ourselves remains unaffected. However, we undertake not to collect the claim as long as the Customer meets their payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or there is no cessation of payments. If this proves to be the case, we may request that the Customer inform us of the assigned claims and their debtors, provide all information necessary for collection, surrender the relevant documents and inform the debtors (third parties) of the assignment.

(7) If the object of sale is inseparably combined or mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the proportion of the objective value of the object of sale to the other combined objects at the time of mixing. If the mixing takes place in such a way that the Customer's product is to be regarded as the main product, it is deemed to be agreed that the Customer transfers co-ownership to us proportionately. The Customer must hold the sole ownership or coownership thus created in safe custody on our behalf.

10. Transfer of contract

(1) In the event of a transfer of the Customer's business to a third party, lease or sale or similar cases, the Customer must transfer their rights and obligations under this contract to the particular third party or the company or subsidiary established by them. The Customer will be liable for ensuring that, in the event of a transfer, the new business owner also assumes all obligations under this contract.

(2) We can refuse to agree to the transfer of the contract, in which case the contractual relationship will end.

11. Provision of containers / information on the system of supply and consumption as well as on safety

(1) We will endeavour to the best of our ability to erect the container/tank at the place of use on the foundations previously constructed by the Customer in compliance with all relevant regulations. The Customer will apply for any necessary official authorisation; we will offer our assistance in the application process.

(2) Prior to installation of the container, the Customer must ascertain whether and to what extent the planned installation site is at risk of flooding, at risk of groundwater or otherwise exposed to hazards that could cause the container to wash up, float away or be forced up or down or otherwise pose additional hazards. The Customer shall inform us of this so that, if necessary, the required attachment devices can be fitted.

(3) The container purchased by the Customer must comply with the technical, official and legal regulations currently in force. The Customer will observe the legally prescribed intervals for the inspection of the container. We may refuse to fill the tank if these conditions are not met.

(4) Modifications and repairs may only be carried out by licensed contractors.

(5) The Customer is obliged to take the necessary steps immediately in the event of any damage occurring. It is strongly recommended that the shut-off valve on the tank be closed immediately if there is an imminent risk of upward or downward movement.

12. Cylinders in automatic dispensers

(1) We also offer our customers gas cylinders in automatic dispensers. All products purchased from an automatic dispenser are excluded from exchange from the moment they are removed. Of course, this does not affect the return of empty refundable cylinders.

(2) Should problems of a technical nature arise, we will endeavour to remedy such problems without delay. In such a case, the Customer should contact our emergency helpline on 0228/512-707. This number should also be dialled if the Customer does not receive any goods due to technical problems with the dispenser.

13. Transfer of risk

(1) Risk will transfer to the Customer as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of shipment, even if carriage paiddelivery or transport with the Company's own means of transport has been agreed.

(2) Risk will transfer to the Customer at the time of default in acceptance if the Customer is in default. The same applies if installation is interrupted for reasons for which the Customer is responsible and if we have delivered the goods and services provided up to that point into the Customer's hands.

14. Jurisdiction

(1) All legal relations between the Customer and us are exclusively governed by the law applicable to the legal relations of domestic parties at the Company's registered office.

(2) The place of performance for deliveries is the place of shipment/delivery; the place of performance for payments and other services is the Company's registered office. (Bonn)

(3) The place of jurisdiction is Bonn if the Customer is a trader or a legal entity under public law. However, we are also entitled to institute legal proceedings against the Customer at the Customer's place of residence.

15. Data privacy

The Customer's data are protected in accordance with the provisions of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). We are entitled to store personal data arising for the purpose of order fulfilment with the Customer's consent or on the basis of a contract and to process and use such data in accordance with statutory provisions. Data will only be disclosed to third parties as required for the proper processing of the order. We explicitly refer to the credit assessment by a credit information company or a business information service, in particular the German General Credit Protection Agency (SCHUFA). (Legitimate interest). In this process, we transmit personal data collected regarding the application for as well as the execution and termination of the business relationship together with data regarding non-contractual behaviour or fraudulent behaviour to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany. The legal basis for this transmission is Art. 6 (1) (b) and Art. 6 (1) (f) GDPR. Transfers on the basis of Art. 6 (1) (f) GDPR may only be made insofar as this is necessary to protect our legitimate interests or those of third parties and does not override the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The exchange of data with SCHUFA also serves to comply with legal obligations to perform creditworthiness checks on customers (Sections 505a and 506 of the German Civil Code (BGB). SCHUFA processes the data received and also uses them for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland and, where applicable, other third countries (insofar as there is an adequacy decision on these by the European Commission) with detailed information on, among other things, the assessment of the creditworthiness of natural persons. Further information on SCHUFA's activities can be found in the SCHUFA information sheet pursuant to Art. 14 of the German Data Protection Regulation (GDPR) or online at www.schufa.de/datenschutz. Any use of customer data for advertising or other purposes will only take place with the Customer's explicit consent, which may be revoked at any time. The data will be deleted as soon as they are no longer required for the above-mentioned purposes and there is no further legal obligation to retain such data. The detailed legal basis of the processing and a detailed description of the Customer's rights can be found at https://geschaeftskunden.knauber.de/services/datenschutz. Customer declarations should be addressed to Knauber Gas GmbH & Co-KG 53115 Bonn, Endenicher Strasse 120-140 Tel. no. 0228/512-0, or by e-mail to datenschutzinfo@knauber.de.

16. Note

We will not participate in any out-of-court dispute resolution proceedings before a consumer arbitration board.

EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr

Bonn, 1 September 2020

Knauber Gas GmbH & Co. KG

The company's registered office is Bonn, Bonn Local Court, HRA 4926, and is represented by its general partner: Knauber Gas Verwaltungs-GmbH, Bonn Local Court, HRB 9766, represented by

Managing Director Dr. Ines Knauber-Daubenbüchel