GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND DEVELOPMENT

elmor AG
Mangelegg 58
CH-6430 Schwyz
Switzerland
Email: info@elmor.ch
Phone: +41 41 813 04 04
Swiss VAT No.: CHE-338.875.557 MWST

1. Scope and Formation of Contract

1.1 These General Terms and Conditions (GTC) apply to all supplies and services provided by elmor AG, Schwyz (elmor). Products comprise machines, devices, components, spare parts, software and accompanying documentation; services include, in particular, development, consultancy, installation, commissioning, repair and servicing. These GTC apply exclusively to customers acting for professional, commercial or public purposes, and not to consumers.

1.2 The version of these GTC agreed upon at the time the contract is concluded and made available to the customer beforehand shall apply. Later versions do not apply automatically. The customer’s general terms and conditions or purchasing terms shall apply only with elmor’s express consent in text form. Unconditional acceptance of an order or performance of the contract by elmor does not, in itself, constitute consent to the customer’s terms.

1.3 Quotations issued by elmor are non-binding unless expressly designated as binding. The customer may place an order in response to a non-binding quotation in text form, in particular by email. The contract is concluded when elmor accepts that order in text form; confirmation by email is sufficient. A mere acknowledgement of receipt of the order does not constitute acceptance. The customer may accept an expressly binding quotation in text form within its validity period. Deviations in substance from the order or from terms already agreed shall form part of the contract only if agreed accordingly.

1.4 Individual agreements and expressly agreed amendments take precedence over these GTC. In all other respects, the following order of precedence applies in the event of a conflict: the agreed order confirmation, the quotation incorporated into the contract, these GTC and the other documents incorporated into the contract. Agreed technical specifications and acceptance plans specify the technical scope of supply and services and the test criteria. They do not override express reservations or deviations in the quotation or order confirmation. Customer documents form part of the contract only to the extent expressly accepted by elmor as such. The mere omission of a previously agreed provision from a later document does not revoke that provision.

1.5 Text form means a legible statement capable of being stored, in particular an email. Contractual amendments and legally relevant notices shall be made in text form unless another form is prescribed or expressly agreed. Business days are Monday to Friday, excluding public holidays at elmor’s registered office. Mandatory provisions of law remain applicable to all provisions of these GTC.

2. Scope of Supply and Services; Changes

2.1 The scope, use and characteristics of the products and services are governed by the agreed contractual documents. Information in brochures, on websites, in drawings, illustrations or other information materials is binding only to the extent expressly incorporated into the contract. elmor is required to achieve production, sales or profitability results for the customer only if expressly agreed. Clause 4.2 applies to test results.

2.2 Installation, commissioning, training, customer-specific interfaces, validation, special regulatory approval services and other additional services are to be provided only to the extent agreed. elmor shall provide the safety and conformity documentation required for delivery in accordance with the contract on the basis of its legal role. Any further documentation, translations, approvals, certifications or special customer requirements are subject to agreement.

2.3 elmor may make technical adaptations to the design, configuration, components and materials, provided that the agreed function, the promised characteristics and performance values, including agreed tolerances, are maintained and that safety, agreed interfaces and installation conditions are not adversely affected. This applies in particular to technical improvements or the replacement of components. Any further changes require agreement.
Changes requested by the customer, including changes to materials or operating conditions following tests and approvals, require elmor’s consent. Additional work and testing, and the effects on prices and dates, shall be agreed. Until then, elmor may suspend the affected work after informing the customer.

3. Customer Cooperation

3.1 The customer shall provide elmor in good time with all requirements, conditions of use and ambient conditions, interface data, approvals and permits, and suitable representative samples required for performance. The customer is responsible for the accuracy, completeness, suitability and lawful use of the information, documents, data, materials and other items it provides. elmor may rely on them unless there are inconsistencies identifiable in the course of the professional services elmor is required to provide. A comprehensive independent examination of customer-provided items is required only if specifically agreed. elmor shall notify the customer in good time of material inconsistencies or risks it identifies.

3.2 The customer shall inform elmor in advance of relevant characteristics of, and changes to, its products, materials and operating conditions, in particular hazardous or regulated characteristics, and shall provide the required safety information. elmor shall not be liable for the consequences of incorrect or incomplete information or unsuitable customer-provided items to the extent that elmor is not responsible for those consequences. Samples may be used, modified or consumed within the agreed scope of development and testing.

3.3 For work at the site of use, the customer shall provide in good time, in particular, safe access, suitable work and installation areas, connections, operating resources and the necessary personnel, unless otherwise agreed. In relation to all supplies and services, late, incomplete or inadequate cooperation for which the customer is responsible entitles elmor to corresponding extensions of time and to charge the resulting additional costs. elmor shall inform the customer of material foreseeable effects.

4. Custom Development and Testing

4.1 For customer-specific development, adaptation, feasibility and testing services, elmor is required to achieve a specific technical result only to the extent that it has been expressly agreed as a binding characteristic, binding performance value or acceptance criterion. Otherwise, elmor shall perform the agreed development services with due professional skill and care, but is not required to achieve a particular development objective. For products subsequently made the subject of a binding agreement, elmor remains obliged to meet the expressly agreed characteristics, performance values and acceptance criteria.

4.2 elmor may propose preliminary tests, feasibility assessments or prototypes before or during performance. The scope, remuneration and any evaluation criteria shall be agreed. Development, feasibility or testing services performed with due professional skill and care remain payable even if they yield a negative result, provided that no specific result has been agreed as binding under Clause 4.1. Their continuation, additional work and any expenditure exceeding agreed cost ceilings require a new agreement; elmor is not required to continue such services free of charge. Test results relate to the samples and conditions tested. They do not constitute an assurance for different materials or conditions of use unless such an assurance has been expressly agreed.

4.3 If, in the course of development, feasibility or testing services for which no specific result has been agreed as binding under Clause 4.1, it becomes apparent that an intended objective cannot be achieved or can be achieved only with additional effort, elmor shall inform the customer and may suspend the affected work pending agreement on how to proceed. If no agreement is reached within a reasonable period set by elmor, either party may terminate the affected services; the financial settlement is governed by Clause 14.4. A related supply order is affected only to the extent that its performance has expressly been made conditional on a positive outcome of those services. Otherwise, the characteristics and obligations agreed as binding for the supply order remain in effect.

5. Prices and Payment

5.1 Prices are net prices in the agreed currency, plus any value added tax due. Packaging, shipping and agreed transport insurance shall be charged separately in accordance with the quotation unless expressly included in the product price. Each party shall bear customs duties and other charges in accordance with the agreed delivery term.

5.2 The agreed payment dates and payment terms apply. Unless otherwise agreed, the full product price, including agreed ancillary costs, falls due upon notification of readiness for delivery. Unless a different payment schedule is agreed, separate services shall be invoiced after performance of the services or the agreed phase and fall due upon receipt of the invoice. Dispatch shall take place only after receipt of the agreed payments due for that dispatch. Payments shall be made without deduction to the account designated by elmor and are deemed made when unconditionally credited to that account.

5.3 Payments that are due may not be withheld because of complaints or counterclaims by the customer. Contractual conditions for payment becoming due and the consequences of a justified price reduction or unwinding of the contract remain unaffected. Set-off is permitted only against counterclaims acknowledged by elmor or established by a final and binding decision.

5.4 In the event of default in payment, the customer shall pay default interest at 5% per annum. Default shall arise in accordance with the agreement and the statutory requirements. elmor’s further statutory claims remain unaffected.

6. Dates, Default and Force Majeure

6.1 Delivery and performance dates are indicative unless expressly agreed as binding. Time periods commence after conclusion of the contract, receipt of the advance payments agreed for the start of the relevant phase of performance, and provision of the customer cooperation required for that phase. Subsequent customer changes or delayed cooperation shall result in a reasonable adjustment of the affected dates and time periods.

6.2 If elmor is in default in delivery or performance, the customer shall grant elmor a reasonable additional period for performance to the extent required by law. If that period expires without performance, the customer shall have the rights provided by law. Section 13 applies to damages.

6.3 elmor shall not be liable for delays or impediments to performance caused by events beyond its reasonable control whose effects it cannot avoid or overcome even by taking reasonable measures. These include, in particular, natural events, war, civil unrest, epidemics, measures taken by public authorities, transport or energy interruptions, industrial action, cyber incidents and significant supplier failures. The affected time periods shall be extended reasonably to reflect the duration and effects of the impediment. elmor shall inform the customer in a timely manner of material impediments and their foreseeable effects.

6.4 If a material impediment under Clause 6.3 continues for more than 90 calendar days, either party may terminate the affected part of the contract that has not yet been performed. The financial settlement is governed by Clause 14.4.

7. Delivery, Risk and Title

7.1 Unless otherwise agreed, delivery shall be DAP to the destination specified in the contract, Incoterms® 2020.

7.2 The transfer of risk and the obligations relating to transport, export and import are governed by the agreed delivery term. Charging packaging and shipping costs separately under Clause 5.1 does not alter the transfer of risk. elmor may make partial deliveries that are reasonable for the customer and invoice them proportionately; any different agreed payment schedules take precedence. Technical acceptance is distinct from the transfer of risk.

7.3 If the customer prevents or delays a delivery offered by elmor in accordance with the contract, elmor may, after giving notice, place the products intended for that customer in suitable storage at the customer’s expense and risk and charge the resulting additional costs. This does not apply to a justified refusal to take delivery. The customer shall notify elmor without delay of transport damage apparent upon receipt and, where possible, document it with the carrier. Section 8 applies to defects that become apparent only later.

7.4 Title to tangible products shall remain with elmor until the corresponding contract price has been paid in full, to the extent that retention of title has been validly established under the applicable law. The customer shall cooperate in the necessary registrations and other measures. Until title passes, the customer shall not sell, pledge or otherwise encumber the products concerned with third-party rights without elmor’s consent.

8. Inspection, Acceptance and Notification of Defects

8.1 The customer shall inspect products and services requiring a specific result without delay after delivery, to the extent possible in view of their nature. Apparent defects shall be specifically notified to elmor in text form within ten business days of receipt or delivery, as applicable. Where inspection is possible only after installation or commissioning that elmor is required to carry out, this period shall begin for the characteristics concerned when the corresponding opportunity for inspection becomes available. Where formal acceptance has been agreed, the agreed procedure applies to the characteristics to be tested as part of that acceptance.

8.2 Formal acceptance shall take place only if expressly agreed. In the absence of such agreement, conformity with the contract is determined by the agreed characteristics, and inspection and notification of defects are governed
by this Section. Where formal acceptance is agreed, the agreed test locations, scope of testing and criteria apply. Minor defects or outstanding work that do not materially impair safe use in accordance with the contract shall not prevent acceptance; the remedies for defects under Section 9 remain available.

8.3 Formal acceptance shall be effected by the customer’s confirmation in text form. Acceptance shall also be deemed to have occurred if elmor has notified the customer of readiness for acceptance, provided the agreed opportunity for testing, including the necessary documentation, and drawn attention to this consequence, and the customer does not validly refuse acceptance within ten business days thereafter by specifically identifying a material defect. Acceptance shall not be deemed to have occurred on this basis if safe or proper testing is not possible for reasons for which elmor is responsible. Use in normal operations without reservation, outside agreed trials, commissioning or acceptance tests, shall also constitute acceptance unless otherwise agreed.

8.4 Defects that were not identifiable during a proper initial inspection shall be specifically notified to elmor in text form without delay after discovery and, in any event, within ten business days. Late inspection entails loss of remedies for defects only in respect of defects that would have been identifiable during a timely and proper inspection; late notification entails loss of remedies only in respect of the defect not notified in time. For services that do not require a specific result, this Section does not provide for deemed approval.

8.5 The customer shall allow elmor to investigate notified defects and carry out the rectification it is required to perform. Returns, repairs or other interventions by the customer or third parties require elmor’s prior consent. Exceptions apply to urgent measures to avert imminent damage and to interventions permitted without prior consent under mandatory law; elmor shall be informed of these without delay. Any use that endangers persons or property, increases the damage or materially impedes the investigation shall cease.

9. Warranty and Limitation Periods

9.1 elmor warrants that, upon delivery or, where formal acceptance has been agreed, upon acceptance, products and services requiring a specific result possess the agreed characteristics, are suitable for the agreed use and are free from defects in materials, manufacture or workmanship that impair such suitability. Section 4 applies to development, feasibility and testing services; where no specific result has been agreed as binding under Clause 4.1, elmor is required to perform those services with due professional skill and care, but not to achieve a particular development objective.

9.2 The contractual warranty period for standard products is 24 months. For products developed specifically for the customer or substantially adapted to customer requirements from a standard product, and for separately commissioned repair, installation and other services requiring a specific result, the period is 12 months. For standard products with customer-specific components, the shorter period applies only to the customer-specific scope unless a warranty period of 12 months has been expressly agreed for the product as a whole.
The period begins upon delivery or, where formal acceptance has been agreed, upon express acceptance or acceptance deemed to have occurred under Clause 8.3. If delivery or acceptance is delayed solely by the customer, the period begins at the notified time when delivery or acceptance could have taken place in accordance with the contract, provided that the products or services were actually ready for delivery or acceptance.

9.3 For claims for defects arising from sales or contracts for work, the period under Clause 9.2 also constitutes the agreed limitation period, commencing as provided in that Clause. Statutory rules on the suspension and interruption of limitation periods, in particular where a claim is acknowledged through rectification or replacement, and mandatory longer periods remain unaffected. For services that do not require a specific result, the statutory limitation period is not shortened.

9.4 For defects covered by the warranty and notified in time, elmor shall, at its option and within a reasonable period, rectify the defect or supply a replacement. elmor shall determine the place of rectification, taking into account the nature and transportability of the product and the economically reasonable effort involved. elmor shall bear the necessary labour and material costs of the rectification it arranges. The customer shall bear transport, travel, accommodation and other subsistence costs, and removal and installation costs, unless otherwise agreed or required by mandatory law. The customer shall bear additional costs arising from relocation to a location not agreed or from access made more difficult by the customer.

9.5 The customer’s initial remedies are those provided in Clause 9.4. If elmor refuses to carry out the required rectification or if, despite a reasonable opportunity and the unsuccessful expiry of a reasonable additional period, rectification ultimately fails or is unreasonably delayed, the customer may request a reasonable price reduction or, in the event of a material defect, unwinding of the contract in respect of the affected product or part of the services. No additional period is required where the law dispenses with it. Costs of rectification by third parties are recoverable only with elmor’s prior consent or to the extent required by mandatory law. Damages are governed by Section 13.

9.6 Normal wear and tear is excluded, as are defects and damage to the extent that they are attributable to improper storage, transport damage after the transfer of risk, use other than for the intended purpose, inadequate maintenance, unsuitable operating conditions, customer-provided items, or modifications and interventions by the customer or third parties, and are not attributable to elmor. Unrelated defects remain covered. For parts rectified or replaced under the warranty, the original contractual warranty period continues to run; the effects on limitation periods are governed by Clause 9.3.

9.7 This Section does not restrict mandatory rights in respect of defects, in particular where defects have been intentionally concealed; Clause 13.1 remains applicable. No voluntary right to return or exchange defect-free products is granted. The mere acceptance or authorisation of a return does not constitute acknowledgement of a defect or of any warranty obligation or liability for damages.

10. Software, Intellectual Property Rights and Documentation

10.1 Intellectual property rights, copyrights, general know-how and reusable technical solutions remain with elmor or the respective rights holders unless expressly agreed otherwise. Upon full payment for the corresponding products and services, the customer acquires a perpetual, non-exclusive right to use the supplied software and work results to the extent necessary for the agreed contractual purpose. Agreed testing, commissioning and acceptance are permitted before that time; where payment terms have been agreed, use in accordance with the contract is permitted until payment falls due. Payment for development work alone transfers neither intellectual property rights nor exclusivity.

10.2 Supplied software may be used for the agreed contractual purpose and together with the product for which it is intended, unless independent use has been agreed. Any reproduction, modification, disclosure or distribution, separate exploitation or use to produce copies of the product beyond that scope requires elmor’s consent. There is no entitlement to the disclosure of elmor’s own source code, development tools or development documentation without express agreement. On a permitted resale of the product, the corresponding right to use the software may be transferred with it, provided that the purchaser agrees to be bound by the terms of use and the previous user ceases using the software and retaining copies; legally required archive copies remain permitted. Third-party and open-source software components are governed by their applicable licence terms. Necessary licence notices and documentation shall be provided only to the extent required by law or the applicable licence terms. Mandatory statutory rights of software users remain unaffected.

10.3 Maintenance, support, remote support, new functions, upgrades, updates and adaptations to changed operating systems, interfaces or third-party systems are to be provided only to the extent agreed. The rectification of defects under Section 9 and mandatory safety or update obligations remain unaffected. Within its own area of responsibility, the customer shall ensure a secure IT environment, network and access protection, data backups and implementation of the necessary security measures communicated by elmor.

10.4 elmor’s development, production and testing equipment, in particular fixtures, tools, test setups and auxiliary equipment, shall remain with elmor unless expressly agreed to be items to be supplied. This also applies where their creation has been charged in whole or in part as part of a customer project.

10.5 The customer grants elmor the rights to use its documents, data, samples and other items provided by the customer as necessary to perform the contract. elmor may use general knowledge, experience, methods, its own know-how and its own technical solutions for other projects and customers without infringing intellectual property rights or breaching confidentiality obligations towards the customer.

11. Confidentiality and Data

11.1 Each party shall treat the other party’s non-public information as confidential to the extent that it is designated or recognisable as confidential. Such information shall be used only for the negotiation, performance and enforcement of the contract and disclosed only to the extent necessary for those purposes to employees, affiliated companies or engaged third parties that are subject to appropriate statutory, professional or contractual confidentiality obligations. This does not apply to information demonstrably already lawfully known, independently developed, lawfully obtained from third parties or publicly accessible without a breach of duty.

11.2 Disclosures required by law or by public authorities remain permitted; the other party shall be informed beforehand to the extent legally permitted and reasonable. The confidentiality obligations apply for the duration of the contract and for five years thereafter, and, for trade secrets, for as long as they retain their confidential nature. Documents may be retained to the extent required by law or for documentation, evidentiary, warranty or legal defence purposes; they remain confidential. Data protection requirements continue to apply.

11.3 The parties shall comply with applicable data protection law. elmor processes the data necessary for contract negotiations and performance, support, security and compliance with legal obligations, and provides information about such processing in its privacy notice. Where required by the parties’ actual processing roles, supplementary agreements shall be concluded before the relevant processing begins. Remote access shall take place within the agreed and authorised scope. Any use of customer-specific operating or machine data beyond that scope shall be separately agreed; mandatory rights of access to and provision of data remain unaffected.

12. Safety, Integration and Export

12.1 elmor shall fulfil the safety and conformity obligations applicable to the agreed product and its intended use in accordance with its actual role as manufacturer or supplier. To the extent not undertaken by elmor, the customer is responsible for integration into its system or process and for the safety, conformity and operation of the overall system. This does not transfer elmor’s own mandatory obligations to the customer.

12.2 The customer shall use products within the specified operating limits and in accordance with the instructions and safety information. Suitability for special requirements, in particular safety-critical medical, nuclear, aviation or space applications or potentially explosive environments, is included in elmor’s obligations only if specifically agreed. Unless elmor has undertaken this assessment, the customer is responsible for assessing its particular application and for the approvals and protective measures required for it. This does not permit use outside the specified limits or without satisfying the legal requirements.

12.3 The customer shall notify elmor without delay of safety-related malfunctions or incidents, discontinue any use that creates a hazard, and assist elmor to the extent necessary with safety, corrective, information and recall measures required by law or objectively necessary.

12.4 The customer shall provide complete and accurate information for export controls, customs clearance and other statutory checks, in particular concerning the recipient, country of destination and end use. Where there are objectively justified doubts as to legal permissibility, elmor may temporarily suspend performance of the affected obligations and request reasonable supporting evidence; it shall inform the customer of the reason to the extent permitted. In the event of a permanent legal prohibition for which elmor is not responsible, either party may terminate the affected part that has not yet been performed. If a corresponding temporary impediment continues for more than 90 calendar days, Clause 6.4 applies accordingly. The financial settlement is governed by Clause 14.4; breaches of the customer’s cooperation obligations are governed by Clauses 14.1 and 14.2.

13. Liability and Third-Party Claims

13.1 The limitations and exclusions of liability in these GTC do not apply to the extent that the liability in question cannot be excluded or limited under mandatory law. This also applies to indemnity and recourse provisions.

13.2 elmor’s liability for damages for all claims arising out of or in connection with the relevant contract, taken together, is limited to the agreed net price of the affected product or the affected independent service. For machines sold as a unit, the net price of that unit shall apply, not the price of an individual component. If several independent products or services are affected, their combined net price applies, but the total shall in no event exceed the aggregate net price of the contract. This is an aggregate limit, not a limit per claim or event giving rise to damage.

13.3 elmor shall not be liable for indirect or consequential losses, loss of profit, loss of production, business interruption or loss of use, failure to achieve savings, loss of data, or third-party claims for damages against the customer, contractual penalties payable by the customer to third parties or other obligations of the customer towards third parties. This does not exclude the rectification costs provided for in Clauses 9.4 and 9.5.

13.4 These liability provisions apply irrespective of the legal basis and also for the benefit of elmor’s corporate bodies, employees, agents and other persons engaged in the performance of its obligations. Performance of the contract, rectification of defects, price reduction and refunds on unwinding the contract are governed by the relevant contractual provisions and do not constitute claims for damages within the meaning of Clause 13.2. The same loss shall not be compensated more than once.

13.5 The customer shall indemnify elmor against valid third-party claims and reasonable defence costs to the extent that they result from breaches of duty for which the customer is responsible, in particular unlawful customer-provided items, use other than for the intended purpose or unauthorised interventions. The customer shall not be made responsible for any contribution by elmor to the cause of the claim. elmor shall inform the customer in a timely manner and give it an opportunity to participate in the defence. Admissions or settlements to the customer’s detriment require its consent, which shall not be withheld without an objective reason.

14. Suspension and Termination

14.1 In the event of a material default by the customer in payment or cooperation, elmor may, after giving notice, suspend the affected supplies and services until the default is remedied. Where there are objectively justified doubts as to the fulfilment of payment obligations, elmor may require advance payment or appropriate security for outstanding performance and suspend that performance until payment has been secured. Payments not yet due do not give rise to default. Mandatory safety measures remain unaffected.

14.2 In the event of a material breach of contract by the customer, elmor may terminate the relevant contract in whole or in part after a reasonable additional period expires without the breach being remedied. Cases where the law dispenses with an additional period and statutory rights of withdrawal remain unaffected. The financial settlement is governed by Clause 14.4.

14.3 The customer has no contractual right to cancel or terminate at will. elmor may consent to cancellation or termination on other terms, which shall be agreed with the customer. Mandatory statutory termination rights remain unaffected.

14.4 Upon termination under Clauses 4.3, 6.4, 12.4 or 14.2, or in the event of an agreed cancellation, the customer shall pay for the services performed in accordance with the contract up to that time and for elmor’s project-related costs and commitments already incurred or no longer avoidable, to the extent not already covered by payment. Payments already made shall be credited against the amounts owed. elmor’s further claims remain unaffected. The mandatory statutory consequences applicable to the relevant ground for termination remain unaffected. Accrued claims and provisions that by their nature continue beyond termination, in particular those concerning intellectual property rights, confidentiality, liability and jurisdiction, shall survive.

15. Subcontractors and Transfer

15.1 elmor may engage suitable subcontractors and other third parties to perform the contract. Specific consent requirements agreed by the parties or imposed by law remain unaffected.

15.2 The customer may transfer or assign rights and obligations under the contract to third parties only with elmor’s prior consent. A permitted resale of products and transfer of the corresponding rights to use the software under Clause 10.2 remain unaffected. elmor may transfer the contract to a legal successor as part of a transfer of the company or the relevant business division, provided that proper performance of the contract is not impaired as a result.

16. Language, Governing Law and Jurisdiction

16.1 The German or English version of these GTC incorporated into the contract in the language of the quotation shall govern, unless another incorporated version has been expressly designated as the governing version. For multilingual quotations or a quotation in another language, the English version shall govern in the absence of such designation if both versions have been incorporated. If only one version has been incorporated, that version shall govern.

16.2 The contract is governed by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of Schwyz, Switzerland, shall have exclusive jurisdiction over disputes arising out of or in connection with the contract, subject to mandatory rules on jurisdiction. elmor may seek interim measures and initiate debt enforcement proceedings and other enforcement measures before other competent courts and authorities.

16.3 The mere failure to exercise a right does not constitute a waiver of that right. If an individual provision is invalid or unenforceable, the remaining provisions shall remain in effect to the extent permitted by law.

 

Version 9: 27.09.2026