EVOGUARD, The pump series for the beverage and food ... · food industry and aseptic applications EVOGUARD . EVOGUARD 2 TD10012763 EN 00, Update: 05/2015 . ... DIN 11864-GS-A 38 48

Update: 05/2015

The pump series for the beverage and food industry and aseptic applications

EVOGUARD

EVOGUARD

2 TD10012763 EN 00, Update: 05/2015

EVOGUARD

TD10012763 EN 00, Update: 05/2015 3

Contents

1 Hygienic centrifugal pump - single stage, non-self-priming ........................................................................................ 5

Information .................................................................................................................................................................................... 6 Technical data ................................................................................................................................................................................ 8 Dimension and data sheet H1CP housing diameter 180 ............................................................................................... 10 Pump H1CP 180 .......................................................................................................................................................................... 11 Dimension and data sheet H1CP housing diameter 210 ............................................................................................... 12 Pump H1CP 210 .......................................................................................................................................................................... 13 Dimension and data sheet H1CP housing diameter 230 ............................................................................................... 14 Pump H1CP 230 .......................................................................................................................................................................... 15 Motor dimension and data sheet .......................................................................................................................................... 16 Spare parts ................................................................................................................................................................................... 18 Add-on parts ................................................................................................................................................................................ 20 Additional equipment .............................................................................................................................................................. 21 Request form ............................................................................................................................................................................... 22

2 Imprint................................................................................................................................................................................. 23

EVOGUARD Hygienic centrifugal pump - single stage, non-self-priming

4 TD10012763 EN 00, Update: 05/2015


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1 Hygienic centrifugal pump - single stage, non-self-priming


6 TD10012763 EN 00, Update: 05/2015

INFORMATION In addition to separating and shutting off a plant, one thing is especially important: pump the product reliably. Because of this, effective immediately, Evoguard is offering innovative centrifugal pumps in addition to its high-quality valves. This component is the result of a new development process that meets the highest requirements for product quality, hygiene and energy costs. With the extended Evoguard module, we can now offer the Evoguard standard for pumping, isolating and separating products from a single source. They benefit from the extensive experience of our team – as we are familiar with the requirements for components in the beverage and food indus-try down to the smallest detail. In more and more places along the product line, we are contributing to greater performance with modern methods and the latest materials– with optimum design of your lines and with materials process reliability. Optimum product pumping is the central requirement for a pump. The new Evoguard pump series does this evenly and gently with precisely designed, dead-space-free flow paths. That keeps production interruptions low and re-duces time and personnel overhead for maintenance and cleaning. All Evoguard pumps are designed according to EHEDG guidelines. A low NPSH value and IE3 high-efficiency motors ensure high performance combined with low energy consumption. An exact calculation of housing and impeller and the design of the seals based on the Finite Element Method (FEM) guarantee optimum efficiency and with it energy savings. All parts with their structural details, for example the design of the axial face seal or the blading of the impeller, have undergone extensive testing processes. Safety-related details also receive special attention: The design meets the requirements of the EU Machinery Directive 2006/42/EC. The design review was conducted by the technical inspection authority. This ensures reliable handling for your employee in production mode.

Design features in the modular component system

Design according to EHEDG guidelines. Shape and composition of the elastomer conform to the current state of technology to ensure reliable sealing over the entire temperature range

Low NPSH value – no premature cavitation within the pump Energy savings by optimising the speed and/or housing and impeller

Tangential connection – no resistance Optimized hydraulic efficiency through guiding contour in the housing Solid impeller made of full material No return in the housing, which optimises cleaning Connection of motor shaft to the impeller via hydraulic clamping element

- Self-centring - Gap dimension is easy to adjust - Easy assembly

1 Connection of motor shaft to the impeller 2 No return in the housing 3 Sealing as per EHEDG 4 Guiding contour 5 Solid impeller 6 Solid housing and cover


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Axial face seals as per EHED The Evoguard sealing concept offers single-acting axial face seals for hygienic lines. Double-acting axial face seals are also optionally available, for example for aseptic lines. We have implemented the requirements of EHEDG consistently:

Smooth surfaces in the product area Sealing off without dead space with shaft seal as per FDA Counterring with open annular groove for optimum cleaning Sliding surface close to the impeller, which ensures optimum cleaning and recirculation for cooling Spring and carrier elements outside the medium The following additional features were taken into consideration in development

Modular layout – can be broken down into individual parts Sliding ring and counter ring can be removed without disconnecting the pump from the motor Easy assembly Identical components are used; there is no possibility of mismatching parts

Sliding ring in the cover with stationary arrangement – no dynamic movement Pressure ratios on the axial face seal in the overpressure range SQ: Single-acting designs for hygienic lines/components to class I

1 Spring is located outside of the product area 2 Large gap to show defect 3 No wear on pump shaft 4 Optimum service life

DQ: Double-acting designs, for example as an option for aseptic lines using a rinsing or a blocking medium

1 Spring is located outside of the product area 2 Large gap to show defect 3 No wear on pump shaft 4 Optimum service life 5 Shaft seal of the sliding ring can be cleaned on the

rear 6 Pressure reversal proof up to 2.5 bar differential

pressure The rinsing chamber can be operated at a higher or lower product pressure than the medium that is be-ing sealed off.


8 TD10012763 EN 00, Update: 05/2015

TECHNICAL DATA

Design Hygienic centrifugal pump Single stage, non- self-priming

Nominal diameters of connection

DN40, DN50, DN65, DN80, DN100, DN125 inches 1.5“OD, 2“OD, 2.5“OD, 3“OD, 4´“OD

Motor IE3 high-efficiency motors design IM B35, as per IEC Manufacturer at our option (others on request)

Production data

Flow rate Conveyance height: Operating pressure, max: Temperature:

up to 100 m³/h up to 80 m PN 16 95°C, higher on request

Material

Parts in contact with the product: Parts not in contact with the product: Axial face seal: Seal:

1.4404 / AISI 316L 1.4301 /AISI 304 Silicon carbide / carbon and other materials available on request EPDM / FDA other materials available on request

Surface

Housing in contact with product: Impeller: Parts not in contact with the product:

Ra ≤ 0.8 µ Ra ≤ 1.6 µ Ra ≤ 0.8 µ on request Ra ≤ 1.6 µ

Connection

M threaded stub - SC DIN 11851 MA threaded stub DIN 11864-GS-A MB threaded stub BIO Connect FN grooved flange FN1 FA grooved flange DIN 11864-NF_A FB grooved flange BIO Connect F flange PN 16 DIN EN 1092-1 C clamp ferrule DIN 32676 Others available upon request

In accordance with statutory requirements EU Machinery Directive 2006/42/EC Design review by the technical inspection authority


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Performance characteristics of Evoguard pumps H1CP 2900 rpm, water 20 °C

Con

veya

nce

hei

ght

H [m

]

Flow rate Q [m3/h]


10 TD10012763 EN 00, Update: 05/2015

DIMENSION AND DATA SHEET H1CP HOUSING DIAMETER 180

Pump dimensions Housing ø Suction /

pressure A B C D

mm DN: mm mm mm mm

180/15

40/40 110

92

167 133 50/40 86 167 109 50/50 86 145 109 65/50 57 145 80 65/65 57 174 80 80/50 30 145 53 80/65 30 174 53 80/80 30 201 53

180/25

50/50 91

84

174 119 65/50 62 174 90 65/65 62 145 90 80/65 35 145 63 80/80 35 172 63

100/80 69 172 97 100/100 69 206 97 125/80 114 172 142

180/35

80/65 74

84

145 107 80/80 74 172 107

100/80 40 172 73 100/100 40 206 73 125/100 85 206 118

Connection dimensions Connection

X DN 40 DN 50 DN 65 DN 80 DN 100 DN 125

mm mm mm mm mm mm M Threaded stub – SC

DIN 11851 33 35 40 45 54 46

MA

Threaded stub DIN 11864-GS-A 38 48 60 64 64

MB

Threaded stub BIO Connect 46 47 64 64 66

FN Grooved flange FN1 24 24 24 24 24 27

FA Grooved flange DIN 11864-NF_A 46.5 46.5 55.5 59.5 59.5 61.5

FB Grooved flange BIO Connect 52 54 66 66 68 60

F Flange PN 16 DIN EN 1092-1 45 45 45 50 52 55

C Clamp connection DIN 32676 21.5 21.5 28 28 28 28

For additional equipment, for example motor hood, sanitary feet, PG screw connections, etc. see add-on parts

Connection

Connection


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PUMP H1CP 180

Connection groove flange FN, motor speed 2900, impeller diameter 180 mm Single-acting axial face seal, material silicon carbide / carbon SQB colour papyrus white RAL 9018

H1CP 180/15 1.4404 / AISI 316L

Motor Flow rate Output kW max. m3 / h

3 9

4 19

5.5 32

7.5 42

H1CP 180/25 1.4404 / AISI 316L


5.5 16

7.5 35

11 68

15 80

H1CP 180/35 1.4404 / AISI 316L


11 53

15 88

18.5 100

Other designs available upon request

A pump design program is available for optimum design of pumps in terms of flow rate, pressure, efficiency, etc.

Flow rate Q [m3/h]


Con

veya

nce

hei

ght

H [m

]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Ou

tpu

t m

ech

. P2

[kW

] O

utp

ut

mec

h. P

2 [k

W]

Ou

tpu

t m

ech

. P2

[kW

]

Performance characteristics Depending on the flow rate




12 TD10012763 EN 00, Update: 05/2015



pressure A B C D

mm DN: mm mm mm mm

210/15

50/50 86

100

159 109 65/50 57 159 80 65/65 57 188 80 80/50 30 159 53 80/65 30 188 53 80/80 30 215 53

100/80 64 215 87

210/25

50/50 91 100 159 119 65/50 62 100 159 90 65/65 62 92 159 90 80/65 35 92 159 63 80/80 35 92 186 63

100/80 69 92 186 97 100/100 69 92 220 97

210/35

80/65 74

92

159 107 80/80 74 186 107

100/80 40 186 73 100/100 40 220 73 125/100 85 220 118


X DN 40 DN 50 DN 65 DN 80 DN 100 DN 125


DIN 11851 33 35 40 45 54 46

MA


MB





F Flange PN 16 DIN EN 1092-1 45 45 45 50 52 55



Connection

Connection


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PUMP H1CP 210


H1CP 210/15 1.4404 / AISI 316L


5.5 12

7.5 28

11 45

H1CP 210/25 1.4404 / AISI 316L


7.5 13

11 30

15 56

18.5 80

H1CP 210/35 1.4404 / AISI 316L


15 38

18.5 59

22 80

30 85


A pump design program is available for optimum design of pumps in terms of flow rate, pressure, efficiency, etc.


Flow rate Q [m3/h]

Con

veya

nce

hei

ght

H [m

]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Ou

tpu

t m

ech

. P2

[kW

] O

utp

ut

mec

h. P

2 [k

W]

Ou

tpu

t m

ech

. P2

[kW

]





14 TD10012763 EN 00, Update: 05/2015



pressure A B C D

mm DN: mm mm mm mm

230/15

50/50 86

110

162 109 65/50 57 162 80 65/65 57 191 80 80/65 30 191 53 80/80 30 218 53

230/25

50/50 91 110 162 119 65/50 62 110 162 90 65/65 62 103 162 90 80/50 35 110 162 63 80/65 35 102 162 63 80/80 35 103 189 63

100/80 69 103 189 97 100/100 69 102 223 97

230/35

80/65 74 102 162 107 80/80 74 102 189 107

100/80 40 102 189 73 100/100 40 102 223 73 125/100 85 102 223 118


X DN 40 DN 50 DN 65 DN 80 DN 100 DN 125


DIN 11851 33 35 40 45 54 46

MA


MB





F Flange PN 16 DIN EN 1092-1 45 45 45 50 52 55



Connection

Connection


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PUMP H1CP 230


H1CP 230/15 1.4404 / AISI 316L


7.5 18

11 35

15 45

H1CP 230/25 1.4404 / AISI 316L


11 18

15 40

18.5 58

22 75

30 80

H1CP 230/35 1.4404 / AISI 316L


15 28

18.5 45

22 64

30 100


A pump design program is avail-able for optimum design of pumps in terms of flow rate, pressure, efficiency, etc.


Flow rate Q [m3/h]

Con

veya

nce

hei

ght

H [m

]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Flow rate Q [m3/h]

Ou

tpu

t m

ech

. P2

[kW

] O

utp

ut

mec

h. P

2 [k

W]

Ou

tpu

t m

ech

. P2

[kW

]





16 TD10012763 EN 00, Update: 05/2015

MOTOR DIMENSION AND DATA SHEET

Motor dimensions

Motor speed

No. of pins

F G H I K L M N O R

mm mm mm mm mm mm mm mm mm mm

1.5 kW 2-pin 154 215 280 372 122 162 244 267 322 122 4-pin 166 215 293 360 122 162 244 254 322 122

2.2 kW 2-pin 166 215 293 360 122 162 244 254 322 122 4-pin 173 230 328 397 170 212 294 287 350 132

3 kW 2-pin 173 230 328 397 170 212 294 287 350 132 4-pin 173 230 328 397 170 212 294 287 350 132

4 kW 2-pin 180 230 303 390 170 212 294 312 358 144 4-pin 180 230 345 390 170 212 294 312 358 144

5.5 kW 2-pin 173 282 365 451 209 258 343 352 411 164 4-pin 173 282 365 451 209 258 343 352 411 164

7.5 kW 2-pin 173 282 365 451 209 258 343 352 411 164 4-pin 157 282 413 451 209 258 343 352 411 164

11 kW 2-pin 239 372 450 451 209 258 343 352 411 164 4-pin 239 372 450 609 266 314 401 442 533 200

15 kW 2-pin 239 372 450 609 266 314 401 442 533 200 4-pin 239 372 494 609 266 314 401 449 533 200

18.5 kW 2-pin 239 372 494 609 266 314 401 449 533 200 4-pin 246 372 523 602 266 314 401 480 542 220

22 kW 2-pin 246 372 523 602 266 314 401 480 542 220 4-pin X X X X X X X X X X

30 kW 2-pin 260 431 590 670 302 348 444 537 570 245 4-pin 154 X X X X X X X X X


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18 TD10012763 EN 00, Update: 05/2015

SPARE PARTS

Single acting axial face seal SQ EPDM cpl.

Ø Carbon / silicon carbide SQB Silicon carbide / silicon carbide SQQ mm Material no. Price/€ Material no. Price/€

25 0903833579 299.00 € 0903833750 379.00 €

Other sealing materials available on request

Sliding ring

Item Silicon carbide Material no. Price/€

Pos. 31 0903452492 149.00 €

Counterring

Item Carbon Silicon carbide Material no. Price/€ Material no. Price/€

Pos. 32 0903374922 109.00 € 0903374924 169.00 €

Seal kit for single acting axial face seal

Item - EPDM - HNBR - FKM Material no. Price/€ Material no. Price/€ Material no. Price/€

Pos. 20 Pos. 21 Pos. 22 Pos. 23 Pos. 26

0903833577 29.00 € 0903833574 58,00 € On request


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Double acting axial face seal DQ EPDM cpl.

Ø Carbon / silicon carbide DQB

Silicon carbide / silicon carbide DQQ

mm Material no. Price/€ Material no. Price/€

25 0903833751 795.00 € 0903833752 895.00 €

Other sealing materials available on request

Sliding rings 2 units

Item Silicon carbide Material no. Price/€

Pos. 31 0903452492 298.00 €

Double acting counterring

Item Carbon Silicon carbide Material no. Price/€ Material no. Price/€

Pos. 32 Pos. 33

0903374922 0903840928

109.00 € 219.00 €

0903374924 0903373954

249.00 € 219.00 €

Seal kit for double acting axial face seal

Item - EPDM - HNBR - FKM Material no. Price/€ Material no. Price/€ Material no. Price/€

Pos. 20 Pos. 21 Pos. 22 Pos. 23 Pos. 25 Pos. 26

0903833578 39.00 € 0903833575 78,00 € On request

Housing seal, in contact with product:

Pump H1CP EPDM HNBR FKM O-ring Material no. Price/€ Material no. Price/€ Material no. Price/€

H1CP 180 0903399705 29.00 € 0903952042 58,00 € On request

H1CP 210 0903399707 34.00 € 0903952041 68,00 € On request

H1CP 230 0903399740 39.00 € 0903954237 78,00 € On request


20 TD10012763 EN 00, Update: 05/2015

ADD-ON PARTS

Motor hood

Size Motor

power No. of pins

Material no. Price/€

90 1.5 kW

2-pin 0903409928 210.00 € 4-pin

2.2 kW 2-pin

100/112

2.2 kW 4-pin

0903302367 230.00 € 3 kW

2-pin

4-pin

4 kW 2-pin

4-pin

132

5.5 kW 2-pin

0903269337 250.00 € 4-pin

7.5 kW 2-pin

4-pin

160/180

11 kW 2-pin

0903366649 290.00 €

4-pin

15 kW 2-pin

4-pin

18.5 kW 2-pin

4-pin

22 kW 2-pin

4-pin

200 30 kW 2-pin

0903465176 370.00 € 4-pin

Jointed support M50

Motor power Thread Material no. Price/€

up to 4 kW M 12 0903475535 8.00 €

5 kW and up M16 0903363538 9.00 €

PG screw connection nickel-plated brass

Thread Design Material no. Price/€

M20x1.5 with shielding 0900062539 7.30 €

M20x1.5 without shielding. 0900010485 2.20 €



M40x1.5 with shielding 0903159998 23.30 €



Reducer nickel-plated brass

Thread M1 Thread M2 Material no. Price/€

M25x1.5 M20x1.5 0900010583 1.90 €

M32x1.5 M20x1.5 0900010584 2.70 €

M32x1.5 M25x1.5 0900010585 2.70 €

M40x1.5 M25x1.5 0900010586 5.30 €

M40x1.5 M32x1.5 0900010587 6.00 €

M50x1.5 M40x1.5 0900010589 11.00 €


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ADDITIONAL EQUIPMENT

Drain valve on the pump housing H1CP

Material no. Price/€

180 On request

210 On request

230 On request

Inducer

H1CP Material no. Price/€

180 On request

210 On request

230 On request

Other designs available upon request!


22 TD10012763 EN 00, Update: 05/2015

REQUEST FORM

EVOGUARD Imprint

TD10012763 EN 00, Update: 05/2015 23

Impr

int

2 Imprint

EVOGUARD product catalogue Edition 03.2015 This price list takes effect on 01.03.2015. All earlier price documents then lose their validity. Al prices are in Euros per piece/unit unless otherwise indicated. Pieces, purchase order numbers and technical information refer to the most recent version. The illustrations, drawings, prices, technical parameters and recommendations for usage available in this publication and in documents derived from it are non-binding. Details, technical data and in published in electronic or written format do not free the user of conducting an individual test of the products we deliver to determine whether they are suitable for the intended application. Subject to technical changes. Mistakes and printing errors excepted – all information is supplied without guarantee. The general terms and conditions of service, sale and delivery of EVOGUARD GmbH in their most recent version shall apply. Contact details: Phone: +49 9436 307 700 Fax: +49 9401 70 943 700 E-mail: [email protected] Internet: www.evoguard.com EVOGUARD GmbH Dr.-Hermann_Kronseder_Straße 1 93149 Nittenau Germany

EVOGUARD General terms and conditions of services, sale and delivery (06/2014)

24 TD10012763 EN 00, Update: 05/2015

I. Contents of contracts, scope of application, offer 1. For many contracts, preformulated contractual conditions

("General Terms and Conditions of Business" under the terms of § 305 BGB), which the orderer uses will not become part of the contract. The present General Terms and Conditions of Purchase of EVOGUARD GmbH shall apply exclusively.

2. These terms and conditions shall apply to all services of EVOGUARD GmbH, irrespective of the legal nature of the con-tracts agreed on for the rendering of such services. They apply to purchase contracts as well as work contracts, work supply con-tracts and also combined contracts .

3. Individual agreements regarding the rights and duties of the contracting parties shall take priority over these conditions.

4. All agreements made between EVOGUARD GmbH and the order-er for the purpose of executing the contract shall be made in writing to be valid.

5. These conditions apply in reference to all companies, legal enti-ties governed by public law and special-purpose entities orga-nized under public law (in each case as defined under the terms of § 310 BGB).

6. The present terms and conditions shall also apply to all future business transactions between EVOGUARD GmbH and the or-derer.

7. If the purchase order may be qualified as a quotation in accord-ance with § 145 BGB, EVOGUARD GmbH may accept it within 4 weeks after receipt.

II. Documents, business secrets and preliminary tasks 1. EVOGUARD GmbH reserves all rights, especially proprietary

rights and copyrights for cost estimates, calculations, plans, illus-trations, drafting tasks, preparatory work, drawings and other materials. They must not be disclosed to third parties without the written consent of EVOGUARD GmbH. EVOGUARD GmbH must not disclose materials identified as confidential by the or-derer to third parties. Materials transmitted by EVOGUARD GmbH must only be used for preparation to conclude the con-tract and thereafter to execute the contract. Any more extensive usage is prohibited.

2. The orderer must not disclose business secrets of EVOGUARD GmbH and companies associated with EVOGUARD GmbH (under the terms of § 15 of the German Stock Corporation Act) that be-come known to the orderer to third parties. EVOGUARD GmbH must not disclose business secrets of the orderer and companies associated with the orderer (under the terms of § 15 of the Ger-man Stock Corporation Act) that become known to EVOGUARD GmbH to third parties.

3. Both EVOGUARD GmbH and the orderer must undertake to ensure through suitable means that their governing bodies and employees comply with the obligations listed here.

III. Delivery time, scope of delivery, acceptance and delay

1. The delivery period begins when the order confirmation is sent and all technical questions have been clarified, but not before plans, documents, approvals, releases, and permissions have been provided by the orderer and not before an agreed down payment is received.

2. The service owed by EVOGUARD GmbH is considered as provided in a timely manner if the contractual object has been properly by the time the delivery period lapses or the orderer has been noti-fied of readiness for shipping.

3. Obstacles to performance caused by force majeure shall not justify any claims by the orderer (in particular not claims for con-tractual penalty or damages) against EVOGUARD GmbH. Force

majeure shall be taken to refer to all unforeseeable events or foreseeable events that are beyond the control of EVOGUARD GmbH, the effects of which could not have been prevented de-spite all reasonable efforts being made by EVOGUARD GmbH. This includes e.g. delayed performance by subcontrac-tors/'suppliers, war (declared or not), war-like conditions, riot, revolution, rebellion, military or civil putsch, revolt, uproar, riot, blockade, embargo, government act, sabotage, strike, go-slow, lock-out, epidemic disease, fire, flood, storm flood, hurricane, heavy storm or other thunderstorm with disastrous effects, gen-eral lack of material, shipwreck, lack of port or unloading capaci-ty, delays due to transport, non-availability of required shipping space, proper change/replacement of forwarder and/or carrier and/or ship owner and/or other commercial transport compa-nies, transport accidents, earthquakes, radioactive accidents, physical or artificial obstacles of any kind at the construction site / production site.

4. In all cases of obstacles of whatever nature for which EVOGUARD GmbH is not responsible, EVOGUARD GmbH is enti-tled to require an appropriate extension of the delivery periods from the orderer and additional payments to compensate for additional services and/or costs.

5. If the shipment is delayed at the request of the orderer, the orderer must compensate the actual costs incurred due to stor-age of the contractual item. In the event of storage in a business facility of EVOGUARD GmbH, the same shall be entitled to re-quire a compounded minimum amount of 0.5% of the agreed price for each month as compensation for additional costs. This provision does not exclude proof of higher costs (by EVOGUARD GmbH) or lower costs (by the orderer).

6. Number 5 also applies to any other case in which the orderer's acceptance is delayed. If the orderer delays acceptance or vio-lates other duties to cooperate, the risk of accidental destruction or accidental deterioration of the contractual object is trans-ferred to the orderer as soon as acceptance is delayed.

7. This provision shall not exclude more extensive rights of EVOGUARD GmbH.

8. A prerequisite for observation of the delivery period is the order-er's timely and appropriate compliance with the contractual ob-ligations.

9. Partial deliveries of EVOGUARD GmbH can only be refused if they could not reasonably be expected by the orderer.

10. If acceptance has been contractually agreed or if such ac-ceptance is stipulated by law, statutory provisions for acceptance of the work contract shall apply to acceptance.

IV. Price and payment 1. The agreed prices apply ex works. The orderer is responsible for

shipping costs including the costs of packaging, loading, stowing and unloading. The VAT applicable at the moment of delivery will be added to prices.

2. As far as the packaging rules and regulations oblige EVOGUARD GmbH to take back the transport packing material, the costs for the return of the packing material and the reasonable costs for its recycling are borne by the customer. If the returned packing material cannot be used again, the orderer shall assume the costs incurred by EVOGUARD GmbH for material recycling. Addi-tionally, the customer shall be responsible for the costs for cus-toms duties, costs for customs clearance, taxes and levies caused by the return of the packing material.

3. Transport containers are not contractual items and are not considered to be packaging. They remain the property of EVOGUARD GmbH. They must be imported, exported and re-turned to EVOGUARD GmbH by the orderer at the orderer's own

EVOGUARD

TD10012763 EN 00, Update: 05/2015 25

expense (transport costs, costs for customs duties, costs for cus-toms clearance, taxes and levies).

4. Tools, excess material, welding gas bottles and other auxiliary materials are not contractual objects. They remain the property of EVOGUARD GmbH. They must be imported, exported and re-turned to EVOGUARD GmbH by the orderer at the orderer's own expense (transport costs, costs for customs duties, costs for cus-toms clearance, taxes and levies).

5. The agreed price is the cash price, to be paid without discount. 6. EVOGUARD GmbH is entitled to interest after the due date and

default interest according to statutory provisions. This shall not affect the possibility of EVOGUARD GmbH exercising claims to further damage and rights.

7. The orderer shall only have rights of set-off and retention if its counterclaims have finally and absolutely determined, are un-contested or have been accepted by EVOGUARD GmbH, and if EVOGUARD GmbH was informed at least one month previously that such counterclaims were to be brought.

8. If circumstances become known to EVOGUARD GmbH after the contract is signed that are grounds for doubting the orderer's creditworthiness, EVOGUARD GmbH can require a security de-posit with a simple (not payable on first request) irrevocable bank guarantee or surety to be provided having an unlimited term in the amount of the total agreed price, to be returned con-currently against payment of the price owed.

9. EVOGUARD GmbH shall be entitled to increase the agreed price reasonably if cost increases occur after conclusion of the con-tract, especially due to or increases in wage agreements or the prices of materials. EVOGUARD GmbH will provide proof of this to the orderer if requested.

10. EVOGUARD GmbH shall be entitled to increase the agreed price reasonably if the orderer requires modifications of the contrac-tual object after conclusion of the contract, which cause an addi-tional expense. EVOGUARD GmbH will provide proof of the addi-tional expenses to the orderer if requested.

11. The customer must pay the agreed price at the customer's own risk and expense as a credit to a bank account specified by EVOGUARD GmbH.

V. Passage of risk 1. The risk of accidental destruction or accidental deterioration of

the contractual object is transferred to the orderer when the contractual object is delivered to the first carrier. The same applies if partial deliveries are made or if EVOGUARD GmbH has also assumed additional costs, for example shipping costs, or additional services, such as Transport, installation or as-sembly of the contractual object.

2. If the contractual object or parts of it are ready for dispatch but the delivery or transfer is delayed caused by the customer, the risk of accidental loss and accidental deterioration is passed to the customer with the day of readiness for dispatch.

3. If EVOGUARD GmbH has arranged the transport of the contrac-tual object and if a transport damage or defects occurring during transport after transfer to the carrier EVOGUARD GmbH trans-fers, if required by the customer, a title to insurance benefits to the customer for resulting claims against the transport insur-ance and/or the carrier – with exclusion of liability of existence of these claims. This is effected step by step against payment of the agreed total price of the contractual object and all owed costs. Further claims of transport damage or defects occurred during transport against EVOGUARD GmbH are excluded. This also applies if the contractual object includes assembly services or setting up a turnkey plant.

4. Limitation periods of transport and maritime law, exclusion periods, exclusions and limitations of liability in favour of natu-

ral persons and legal entities entrusted with convey-ing/loading/unloading/storing the contractual object as they re-late to EVOGUARD GmbH shall be applied equally in the contrac-tual relationship of orderer/EVOGUARD GmbH in favour of EVOGUARD GmbH for corresponding circumstances.

5. The orderer agrees to inspect the contractual object for damage immediately upon unloading at the port of destination, to acknowledge receipt of the parts only under reserve in case of suspected damage, and to immediately notify EVOGUARD GmbH of the damage. In the event of non-observance of the above du-ties, the transport insurance’s obligation to provide indemnifica-tion shall lapse. Should the transport insurance’s obligation to provide indemnification lapse for the above-mentioned reason, the liability of EVOGUARD GmbH for such damages covered by the non-warranty clause (liability exclusion) of transport insur-ance(s) shall lapse equally.

VI. Retention of ownership 1. EVOGUARD GmbH retains ownership of the contractual object

until irrevocable receipt of all payments owed by the party plac-ing the order, without reservation. Up until this point in time, the party placing the order is not entitled to sell on the contrac-tual object or to burden it with a right of security (e.g. ownership by way of security, right of lien, mortgage, land charge, etc.). In case the law applicable at the place of the construction site (lex rei sitae) does not know the "retention of title" security, the means of security shall be regarded as having been agreed upon which according to the law applicable at the place of the con-struction site comes closest to the "retention of title" and/or the means of security which - according to this law - is the typical means of security (e.g. "lien" or "security interest, attached and perfected"). The orderer is obliged to co-operative actions (par-ticularly to make declarations of intent) which - according to the law applicable at the construction site - are necessary in order to agree and justify a completely effective retention of title and/or any other completely effective means of security.

2. The order must report attachments, seizures or other measures undertaken by third parties regarding the contractual object to EVOGUARD GmbH without delay, indicating the documents re-quired for intervention.

3. As long as the rights of EVOGUARD GmbH designated in num-ber 1 exist, EVOGUARD GmbH shall be entitled in the event of the breaches of duty on the part of the orderer, especially if EVOGUARD GmbH's ownership of the contractual object is at risk, if the contractual object is improperly handled or if the or-derer's payment is delayed, to require the contractual object to be returned after prior notification. If the orderer does not com-ply with the request to return the contractual object, EVOGUARD GmbH shall be entitled to enter the orderer's construc-tion/production site with the necessary number of personnel, remove the delivered contractual object and take it with them. Requiring the return of the contractual object does not consti-tute withdrawal from the contract unless EVOGUARD GmbH should explicitly so declare in writing. Attachment of the con-tractual object by EVOGUARD GmbH always constitutes with-drawal from the contract.

4. After taking back the contractual object, EVOGUARD GmbH is entitled to its utilisation. Proceeds from utilisation, minus rea-sonable costs of utilisation shall be figured against the orderer's liabilities.

5. Processing or transforming of the contractual object by the orderer is always done for EVOGUARD GmbH. If the contractual object is processed with other objects that do not belong to EVOGUARD GmbH, EVOGUARD GmbH shall acquire joint owner-ship in the new object at the ratio of the value of the contractual


26 TD10012763 EN 00, Update: 05/2015

object to the other objects being processed at the time of pro-cessing. The same applies to the object resulting from processing as to the contractual object delivered with retention of title.

6. If the contractual object is inseparably mixed with other objects that do not belong to EVOGUARD GmbH, EVOGUARD GmbH shall acquire joint ownership in the new object at the ratio of the value of the contractual object to the other mixed objects at the time of mixing. If the mixing is done in such a manner that the orderer's object may be considered the main element, it is agreed that the orderer shall assign joint ownership with EVOGUARD GmbH on a proportionate basis. The orderer shall preserve the sole ownership or joint ownership obtained in this manner for EVOGUARD GmbH.

7. To safeguard the claims of EVOGUARD GmbH against the order-er, the orderer also assigns to EVOGUARD GmbH the claims aris-ing for the orderer against a third party in connection with com-bining the contractual object with real estate.

8. EVOGUARD GmbH agrees to release the securities to which it is entitled upon the orderer's request to the extent that the value of the securities that could be realised by EVOGUARD GmbH ex-ceeds the claims being secured by more than 20%. EVOGUARD GmbH may chose which securities to release.

VII. Rights of the orderer in the event of defects 1. EVOGUARD GmbH is liable vis-à-vis the orderer that at the time

at which the risk passes onto the orderer, the delivered contrac-tual object is free of material defects and defects in title. Irrele-vant deviations from the agreed quality shall not constitute a de-fect.

2. Furthermore, EVOGUARD GmbH shall not be liable for defects or damages arising for the following reasons: Defects related to designs required or specified by the orderer or materials required, specified or provided by the orderer, includ-ing sample materials, or special provisions of the orderer. Defects or damage that occur after passage of risk due to faulty or negligent handling, operation by untrained personnel, exces-sive operational demands, unsuitable equipment, faulty con-struction works, unsuitable foundation soil, or which occur due to special external influences that are not stipulated in the con-tract as well as non-reproducible software errors. If improper changes or repair work is made by the orderer or third parties, any liability of EVOGUARD GmbH for said changes or repair work and for consequences arising therefrom shall be excluded.

3. EVOGUARD GmbH shall also not be liable for wear parts (defini-tion follows) of the contractual object. Wear is the progressive loss of material from the surface of a solid object induced by me-chanical causes such as contact and relative motion of another solid, fluid or gaseous object. A wear part is a part that is used in places where wear unavoida-bly occurs for operational reasons to protect other elements un-der consideration from wear while the wear part itself is de-signed to be replaced as part of the concept.

4. If there is a defect in a contractual object that provides a suitable basis for claims due to defects as described in numbers 1. to 3. above, the orderer shall initially have only the right to subse-quent fulfilment within a reasonable period and EVOGUARD GmbH may choose at its reasonable discretion between remedy-ing the defect or providing a replacement delivery. If the claims against fault are based upon the fact that EVOGUARD GmbH has maliciously kept deficiencies a secret or guaranteed the quality of the contractual object, orderer has the right to choose be-tween rectification of defects or replacement delivery. The ex-penses necessary for the purposes of subsequent performance

shall be borne by EVOGUARD GmbH. Replaced parts become the property of EVOGUARD GmbH.

5. If the defect does not require repair at the installation location, the orderer must send the defective parts to EVOGUARD GmbH for repair or for a replacement delivery if requested by EVOGUARD GmbH and at the expense of EVOGUARD GmbH. In such a case, EVOGUARD GmbH's obligation for subsequent fulfilment shall be considered as completely discharged in re-spect to the defective part if EVOGUARD GmbH sends the re-paired part back to the orderer at its own expense or delivers a suitable replacement part. Claims of the orderer for expenses required for the purpose of subsequent fulfilment, especially transport, road, labour and material costs, are excluded if the expenses are increased be-cause the delivery object is subsequently brought to a place oth-er than the orderer's branch office unless bringing it there is in accordance with its designated use.

6. If a defective part is a product delivered by a third party, the liability of EVOGUARD GmbH shall be limited initially to the as-signment of liability claims to which EVOGUARD GmbH is enti-tled from third parties. EVOGUARD GmbH's own liability shall not be revived until after the orderer has initiated legal proceed-ings against the third party. This limitation of liability shall not apply if the liability of EVOGUARD GmbH is related to EVOGUARD GmbH fraudulently concealing a defect or providing a guarantee for the nature of the product supplied by a third par-ty.

7. The orderer agrees to examine the contractual object immedi-ately after receipt and to notify EVOGUARD GmbH without delay of any defects discovered. This duty to immediate notification shall remain valid even for defects becoming apparent at a later date. The fact of EVOGUARD GmbH being certified according to ISO 9000 does not release the orderer from its duty to inspection and notification of non-conformity according to Article 377 HGB (German Commercial Code). If the orderer fails to notify, the ob-ject of the contract shall be deemed accepted even in view of the defect.

8. If the orderer does not accept the subsequent fulfilment offered in accordance with the contract by EVOGUARD GmbH, after a grace period has been set and expired unsuccessfully, EVOGUARD GmbH shall be released from liability regarding the defect noted in the complaint.

9. If subsequent fulfilment fails, the orderer shall be entitled, under consideration of contractually agreed provisions including those derived from these general terms and conditions of services, sale and delivery, to assert its other defect claims. Subsequent fulfil-ment has failed in particular if EVOGUARD GmbH allows a grace period set by the orderer to expire unsuccessfully or if EVOGUARD GmbH unreasonably delays or refuses subsequent fulfilment or if a reasonable number of attempts at subsequent fulfilment are unsuccessful.

10. EVOGUARD GmbH can refuse to remedy the defect if the orderer does not comply with the agreed payment obligations. The only reason for which the orderer may withhold payments is if the va-lidity of the notice of defects asserted is beyond doubt. The amount of this right of retention shall be limited to four times the costs required to remedy the defect. If the orderer asserts de-fects and it is subsequently established, especially after a rele-vant examination by EVOGUARD GmbH, that the defects assert-ed by the orderer have no actual legal basis, EVOGUARD GmbH shall be entitled to appropriate compensation for the services it has provided, especially in connection with the examination, and to reimbursement of all expenses.

11. The following limitations, modifications and exclusions shall apply to claims for damages in accordance with number VIII.

EVOGUARD

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VIII. Limitation or exclusion of liability of EVOGUARD GmbH

1. The orderer agrees to carefully observe the usage and operating instructions as well as the safety instructions of EVOGUARD GmbH . The orderer shall particularly observe the instructions of EVOGUARD GmbH specifying how the contractual object is to be used in a risk-free manner, which precautions are to be taken regularly and in the individual case and which misuse is to be avoided. If the orderer violates this duty, EVOGUARD GmbH shall not be liable for any resulting damage.

2. Limitation of liability of EVOGUARD GmbH in the event of dam-age caused by defects and consequential damage: EVOGUARD GmbH shall not be liable for damage caused by de-fects (including damage resulting from lost profit) and not for consequential damage, regardless of the legal ground. This ex-clusion of liability shall not apply to claims of the orderer to compensation which are based on gross fault (intention/gross negligence).

3. Limitation of liability of EVOGUARD GmbH in the event of sim-ple/mild negligence: All claims of the orderer to the compensation of damage, irre-spective of the legal ground, which are not based on the gross fault (intention/gross negligence) of EVOGUARD GmbH are ex-cluded unless the damage is based on the existence of a defect or the violation of material contractual duties which have to be satisfied in order to allow for the proper performance of the con-tract (so-called "cardinal duties").

4. Limitation of liability of EVOGUARD GmbH in the event of dam-age not typically foreseeable: Unless they are already excluded according to the limitation of the liability of EVOGUARD GmbH for damage caused by defects and consequential damage (number 2) and for ordinary/simple negligence (number 3), the amount of all claims of the orderer to the compensation of damage, irrespective of the legal ground, which are not based on the gross fault (intention/gross negli-gence) of EVOGUARD GmbH shall be limited to the compensa-tion of the damage that would have been foreseeable upon con-tract conclusion, considering the circumstances that were known or should have been known to EVOGUARD GmbH, as possible consequence of the violation of duty and/or contract violation (typically foreseeable damage).

5. Limitation of liability of EVOGUARD GmbH in the event of de-fault: If due to default, the orderer asserts a claim to compensation against EVOGUARD GmbH due to violation of duty or instead of performance and if this claim is not based on gross fault (inten-tion/gross negligence), this claim to compensation shall - unless it is already excluded according to the liability limitations in fa-vour of EVOGUARD GmbH regarding damage caused by defects and consequential damage (number 2) and in case of ordi-nary/simple negligence (number 3) - in its amount be limited to a maximum of 10% of the price, exceeding the limitation of the liability of EVOGUARD GmbH to the typically foreseeable dam-age (number 4). A default is at hand if in the processing of the contractual relationship obstacles occur making the proper satis-faction of contractual duties difficult or even impossible or if one contractual party is damaged by the other one.

6. Limitation of liability of EVOGUARD GmbH in the event of dam-age caused by delay: The liability limitations in favour of EVOGUARD GmbH specified above referring to damage caused by defects and consequential damage (number 2), in case of ordinary/simple negligence (number 3), not typically foreseeable damage (number 4) and de-fault (number 5) shall also apply to claims of the orderer against EVOGUARD GmbH to the compensation of damage caused by a

delay unless they are based on gross fault (intention/gross neg-ligence). In addition, in all cases of delayed delivery, claims of the orderer for damages due to delay of delivery and claims for dam-ages instead of delivery, including after any term set for EVOGUARD GmbH for delivery, shall be limited to an amount of 0.5 % for each complete week of delay, but to no more than 5% of the price for the part of deliveries that could not be placed in useful operation due to the delay.

7. Limitation of liability of EVOGUARD GmbH for vicarious agents: Any liability for vicarious agents (§ 278 BGB) of EVOGUARD GmbH shall be excluded, regardless of the legal ground, unless the vicarious agent violated contractual duties with gross fault (intention/gross negligence), which have to be satisfied in order to allow for the proper performance of the contract. The liability of EVOGUARD GmbH for a vicarious agent shall in no case ex-ceed the liability of EVOGUARD GmbH for its own fault as it re-sults considering the liability limitations specified above. Accord-ing to § 278 BGB, vicarious agents are natural or legal persons who the debtor makes use of in order to satisfy their obligations.

8. Withdrawal of the orderer from the contract due to services not provided, or not provided in accordance with the contract, is ex-cluded. This shall not apply if EVOGUARD GmbH has not provid-ed service as stipulated by the contract intentionally or as a re-sult of gross negligence .

9. The preceding liability limitations (nos. VIII.1 to VIII.8) shall not apply to claims pursuant to § 1 et sq. of the German Product Lia-bility Law, nor to claims due to a maliciously concealed defect, nor to claims due to the acceptance of a quality warranty, nor to claims due to injury to the life or limb or health of the orderer, his organs and his employees, nor to claims due to a hindrance of performance existing at the time of contract conclusion which was known to EVOGUARD GmbH at the time of contract conclu-sion or ignorance of which was within the control of EVOGUARD GmbH. The aforementioned arrangements shall not change the burden of proof to the disadvantage of the orderer.

IX. Limitation 1. If warranty claims are subject to periods of limitation of 2 years

according to law (e.g. section 438 para. 1 no. 3 BGB [German Civil Code]; section 634 a para. 1 no. 1 BGB), these periods of limitation will be reduced to 1 year. This reduction of periods of limitation does not apply to claims for defects by the orderer that are based on warranted properties. Otherwise, the statutory periods of lim-itation apply.

2. The limitation period begins with delivery of the contractual object and, if EVOGUARD GmbH is required to perform assembly, with the completion of assembly. If the orderer is in default of acceptance, the warranty period starts at the date of the default of acceptance.

X. Software If EVOGUARD GmbH provides software for the orderer, the fol-lowing terms shall apply:

1. EVOGUARD GmbH herewith grants the orderer the simple right of use in the software received according to Article 31, Section 2, German Copyright Act. Article 31, Section 2 of the German Copy-right Act states: "The simple right of use entitles the owner, in addition to the author and other entitled parties, to use the work in the manner and for the purposes specifically permitted to it." The orderer shall be granted solely the right of use. EVOGUARD GmbH will at all times remain the sole proprietor/owner of all intellectual property rights in the software.

2. The orderer shall only be entitled to use the software supplied to it on the contractual object.


28 TD10012763 EN 00, Update: 05/2015

3. The orderer shall not be entitled to hand-over of the source program/source code.

4. The orderer is entitled to use the provided software for an unde-termined period of time for the entire economic service life of the contractual object.

5. The orderer shall not be entitled to transfer its right of use to third parties; in particular, the orderer shall not be entitled to sell or hire out the software and/or the related documentation to third parties, or to grant sublicences thereto to third parties, or otherwise to make the software and/or the related documenta-tion available to third parties. If the orderer assigns its business as a whole to a third party, the orderer shall be entitled to trans-fer to said third party the right of use granted by EVOGUARD GmbH. If the orderer sells the complete delivery item in the normal course of business to a third party that is not a competi-tor of EVOGUARD GmbH, EVOGUARD GmbH undertakes to con-sent to a transfer of the granted right of use at the Customer’s request, unless EVOGUARD GmbH can prove that such a transfer might pose a risk of competitors of EVOGUARD GmbH becoming privy to classified information (trade secrets) of EVOGUARD GmbH.

6. The orderer's right of use shall not be exclusive. EVOGUARD GmbH may grant rights of use of any nature in the software re-ceived to an unlimited number of other customers.

7. The orderer may not disclose or make available to third parties any software received, neither temporarily nor free of charge, except to its employees.

8. The orderer may not in any way modify identification markings, copyright notes or details of ownership on the software received.

9. The orderer shall not make any copies of the software supplied, with the exception of back-up copies made by persons author-ised to use the program where such back-up copies are necessary for safeguarding future use. The back-up copy may not be used simultaneously with the original software.

10. The orderer may not duplicate the software-related documenta-tion or parts thereof either by photocopying or microfilming or electronic storage or by any other procedure.

11. The disassembly, reverse engineering or de-compilation of the software is prohibited, and the orderer agrees to neither initiate nor permit any such action unless the conditions of Article 69 e) German Copyright Act are met.

12. Any proprietary rights, intellectual property rights and other industrial property rights in the software, updates, and docu-mentation shall belong to EVOGUARD GmbH. The same applies to program modifications and translations.

13. EVOGUARD GmbH may, at its own expense, perform software modifications at the Purchaser’s premises which may become necessary as a result of alleged property right infringements by third parties. However, this shall not create any entitlement to damages on the part of the orderer.

XI. Place of jurisdiction, governing law, place of per-formance

1. The exclusive place of jurisdiction for all disputes arising from and in relation with the contract is the business headquarters of EVOGUARD GmbH, if the orderer is a German entrepreneur, a German legal entity under public law or a German special fund under public law. For claims against EVOGUARD GmbH by order-ers who have no general place of jurisdiction within Germany, the exclusive place of jurisdiction is also the business headquar-ters of EVOGUARD GmbH. For claims brought by EVOGUARD GmbH against orderers who have no general place of jurisdiction within Germany, an additional place of jurisdiction beyond the statutory places of jurisdiction is the business headquarters of

EVOGUARD GmbH. Any arbitration agreements made between the parties take precedence.

2. Only the laws of the Federal Republic of Germany apply with respect to the inclusion of these Terms and Conditions of EVOGUARD GmbH and all legal relationships arising from the contract and any possible secondary and/or consequential busi-ness involving the parties to the contract and their legal succes-sors. Also this choice of law and the foregoing provisions on the place of jurisdiction are subject to the law of the Federal Repub-lic of Germany. The application of the UN Law on the Sale of Goods (Convention of the United Nations dated 11 April 1980 relating to contracts on the international sale of goods) shall not be excluded by the foregoing choice of law.

3. The place of performance is the business headquarters of EVOGUARD GmbH.

______________________________________________________ Origin of goods (USP): O = Third-country goods 1 = EU origin 2 = EFTA origin

EVOGUARD GmbH, 93149 Nittenau, Germany

EVOGUARD

TD10012763 EN 00, Update: 05/2015 29