1. Quotations, recommendations, advice Our quotations are valid in case of immediate acceptance only, otherwise they are without obligation. Stock information is given without any commitment. Samples and specimens are for guidance only and without any commitment. Recommendations and advice are given to our best knowledge, but without obligation. We will not be liable due to defaulted or insufficient advice, regardless of whether or not the Buyer had asked for advice.

2. Invoicing

If not otherwise agreed and stated, invoicing is always done at our prices valid on the day of dispatch, ex warehouse, not including the statutory value added tax.

3. Shipment and passage of risk

The Vendor effects shipment for the Buyer with due care. Liability, however, is limited to intent and gross negligence. Shipment is effected via a parcel service or a forwarding agent. The goods are insured according to the relevant conditions of the carrier and the extent of the carrier’s insurance. In case of collection of the goods, the risk passes to the Buyer at the time of handing over of the goods.

4. Delivery

Periods of delivery that have been agreed upon are approximate only, unless a fixed date has been agreed in writing. Should we have not been able to deliver even after having been granted an additional respite of min. two weeks in written form, the Buyer is entitled to withdraw from the contract. Other claims arising from delayed delivery are inadmissible. Acts of God like strikes, plant closures, plant inter ruptions, transportation problems due to lack of vehicles or containers, railway and road blocks as well as all events beyond our control shall exempt us from our delivery commitments for the duration of the obstacles.

5. Return of goods

Goods may be returned with prior consent of MASTERTEC GmbH & Co. KG only. Goods which are not defective will be accepted in impeccable original condition only. 15% of the value of the goods, but minimum

€ 20 will be deducted from the credited amount. Return shipments sent freight collect will not be accepted. The return shipment is effected at the buyer’s risk.

6. Payment

The terms of payment are based upon an agreement. Should a cash discount be granted, the pre-condition is that payment of all previous invoices is settled. The cash discount is granted on the net invoice amount only. Default shall occur without prior reminder if the period allowed for payment is exceeded or in case of incomplete payment. We are entitled to charge default interest of min. 3% above the relevant bank rate of the German Central Bank as of the due date, irrespective of any other claims. Should the Buyer’s creditworthiness turn out to be insufficient after conclusion of the contract, the Vendor is entitled to demand – at his own option – advance payment or provision of security for due or undue claims from all existing contracts and to refuse fulfillment until receipt of the advance payment or provision of security for due or undue claims from all existing contracts and to refuse fulfillment until receipt of the advance payment or provision of security.

7. Retention of title

Goods remain our property until receipt of complete payment (in case of payment by cheque/bill of exchange until final encashment). The title will not pass to the Buyer before all debts arising from consignments have been paid. For open accounts the retention of title serves as a security for our balances receivable. The Buyer is entitled to sell the goods in the orderly course of business. The goods must neither be pledged nor assigned by way of security. The Buyer shall inform us without delay of any other interference with our rights by third party. If the Buyer sells the goods delivered by us, he assigns to us his receivables resulting from the sale including all

accessory rights until complete discharge of liabilities to us.Goods under retention of title shall always be processed to the exclusion of any acquisition of title under § 950 of the German Civil Code. Processing is done by the Buyer on the Vendor's behalf but without incurring any commitment on the Vendor's part. In the event of any processing by the Buyer, the Vendor shall have the right of co-title to the new product to the amount of the invoice value of the processed goods under retention of title.

8. Notice of defect and warranty

The Buyer can file complaints only before use, sale or mixing of the goods. Complaints are to be filed within 8 days after receipt of the goods in written form. Notice of defects detected after that period must be filed to us immediately, i.e. without undue delay, in writing and can be recognised only if detection was impossible by inspection within a period of 8 days after receipt. Complaints filed after one month after receipt of the goods are not admissible under any circumstances. In any case, defects detectable by proper inspection before use, sale or

mixing of the goods can only be claimed if the rejected goods are still in the packaging used by us.In case of a justified complaint, the Buyer has the right of exchange of the goods. Claims for cancellation of sale, reduction of the purchase price or damages as well as claims for compensation for any consequentional damage are not admissible.

9. Damages

Any claims for damages by the Buyer that may arise directly or indirectly from ordering, delivery or use of our goods, regardless of the legal basis, are inadmissible, provided that we, our assistants, or our agents have not caused the damage by gross negligence or intention. In case of damage caused by gross negligence, the claim for damages of a Buyer who is a merchant is limited to the compensation of the anticipated damage. Any claim for damages because of delayed performance or impossibility of performance due to slight negligence from a Buyer who is not a merchant will not be considered.10. Place of fulfillment and jurisdiction .The place of fulfillment for deliveries (also for deliveries free domicile) is the relevant place of shipment, for payment Oberhaid as the Vendor’s place of business.. The place of jurisdiction for all parties, also for suits upon bills or cheques is Bamberg. The Vendor is free to choose another admissible place of jurisdiction.