Terms

General conditions of sale and delivery

The following General terms and conditions (GTC) are part of all contracts with DAM hardness Technik GmbH. Deviating Terms and conditions of the international Treaty partners do not become part of the contract.

I. Scope Of Application

For all incoming orders, these conditions shall apply, unless otherwise stipulated in writing. On the basis of form, standard terms and conditions of purchase orders placed will not apply, even if we reject this explicitly, always came to our terms and conditions of sale shall, unless, the buyer speaks to them. Our offers are non-binding. Our terms of delivery and payment the purchaser already known, they also apply without a new announcement for future transactions. The valid acceptance of our deliveries or services as acceptance of our terms and conditions. To Non-merchants, the above number 2 does not apply. Ancillary agreements, Amendments and deviations from these provisions between the supplier and the customer shall be agreed in writing.

II. prices

The agreed prices are subject to on the day of delivery applicable statutory value-added tax.

For the calculation of the Weights, units, and quantities are determined, if the receiver does not immediately resist.

As far as according to the quantity delivery staggered prices, regardless of the originally listed price set the price in the invoice to which the quantity supplied equals.

If after conclusion of the contract contract-related costs change substantially committed to the contract partner is obliged to agree on the adjustment of the prices. To Non-merchants in the above paragraph 4 shall not apply.

III. technical advice

We provide technical advice to the best of our Knowledge. All data and information relating to the Suitability and application of our products do not release the buyer from his own examinations and tests on the Suitability of the products for the intended processes and purposes.

IV. delivery

If not explicitly otherwise agreed, the delivery shall be ex works or warehouse. In the case of the agreed upon pick-up, the risk of accidental loss and accidental deterioration of the goods with the notice of availability to the customer. In addition, the risk passes at the time to the customer, in which the goods to the carrier is transferred. Shipping method and shipping will go to us to be more cost-elected by the deviant desires of the customer at his expense. The buyer reasonable partial deliveries are permitted. Significant, unpredictable, and we are not responsible malfunctions, delays in Delivery or non-delivery by our suppliers, as well as business interruptions due to raw material, energy, or labor shortages, strikes, lockouts, difficulties in transportation procurement, transportation disruptions, orders of higher authorities, and cases of force majeure, we and our would-
suppliers, extend the delivery time by the duration of the impediment to Performance, to the extent that they are for the ability to deliver the goods. The beginning and end of such obstacles, we will inform the customer immediately. Should the delivery be delayed more than a month, are entitled to both the customer as well as we, to the exclusion of claims for damages in respect of the affected by the interruption lot to withdraw from the contract. The buyer does not take delivery of the goods, we shall be entitled, after setting a grace period of 7 days, to withdraw from the contract or claim damages for non-performance. In the latter case, we are entitled to demand either without proof of damage 10% of the purchase price or replace the damage.

V. Payment

In case of overdue payment, interest at the rate of 2% above the respective discount rate of the Deutsche Bundesbank. The proof of a higher or lower damage is both us and the customer shall be unaffected. The presentation of bills of exchange is not cash, and only with our prior consent in lieu of payment allowed. Discount and bill charges are to be borne by the buyer. Retention and set-off are excluded because of us disputed the claims of the purchaser. On Nichtkaufl oday fi the above number 4 does not apply. The non-payment of eligible invoices or other circumstances which point to a significant deterioration in the financial circumstances of the customer after the conclusion of the contract closing, will be grounds for immediate payment of all our claims, which are based on the same legal relationship.

VI. packing

The delivery is carried out in returnable containers, these are emptied within 4 weeks of receipt of delivery rest and freight-free return. Loss and damage of the returnable packaging is, as long as this has not reached to the supplier back to the expense of the buyer, if it is responsible for parts of the packaging must not be used for other purposes or for other products. They are merely for the Transport of the goods delivered is determined labels must not be removed. Disposable packaging will not be taken back by us; instead, we refer the customer to a third party, dispose of the packaging according to the packaging regulations.

VII. guarantee and liability

The statutory warranty periods shall apply. Open defects, wrong deliveries and deviations in quantity of the delivered goods without delay and at the latest within 14 days of receipt in writing. Hidden defects must be reported to us within 7 days of your discovery. The customer has to check if a sample processing, whether the goods are suitable for the intended use. This is especially true if thinner, Hardener, additional coatings or other components are added, which have not been purchased from us. In the case of justified complaints, we will be missing quantities, replace or exchange the goods. An exchange of the goods is not possible, or the replacement defective, the buyer has the right to change or reduction.

General conditions of sale and delivery

The customer is a businessman in the sense of the General terms and conditions act, the following applies:

The complaint about hidden defects must be made within the statutory warranty period in writing. This also applies if longer than the statutory warranty period is agreed. If the deficiencies are unprocessed or processed goods of defects, the customer may only demand a replacement. In the case of failure of the replacement deliveries shock, the purchaser is entitled to demand the cancellation of the contract or reduce the remuneration.

a) claims for damages of the buyer, based on the violation of our Contractual or legal obligations, are excluded, unless the damage is not caused by intentional or grossly negligent Actions caused This does not apply to damage caused by negligent breach of a material obligation of the contract and claims for damages under the product liability act.

b) Our liability for indirect damages are based on contract, unusual circumstances, and not predicted by us, shall be excluded.

c) The limitations of liability also apply for the personal liability of our assistants and vicarious agents. The liability for guaranteed characteristics are not limited by the foregoing provisions. To be thinner, Hardener, additional coatings or other components not purchased from us, the delivered product is added to, or along with it, there is no warranty, if these components are defect-free and suitable.

VIII. retention of title

We reserve the right of ownership to the delivered item until full payment of the purchase price. The purchaser is a businessman, the following applies:

Until all claims arising from the ongoing business relationship with the buyer, the Goods delivered shall remain our property. The reservation of title continues even if individual claims are included in a current invoice and the balance has been drawn up and acknowledged. The purchase price also for as long as is not extinguished, as one of us, in this context assumed exchange-uniform liability – such as, for example, in the context of a check / bill of exchange procedure will continue.

A processing or mixing of the buyer to us, without that from this, for us, a liability arises. In the case of processing or mixing with other things not belonging to us, the buyer hereby assigns to secure our claim to us co-ownership of the new item in proportion of the value of the reserved goods to the other processed items, provided that the purchaser shall store the new thing for us. The buyer is entitled to dispose of the products in the ordinary course of business, as long as he fulfils his obligations from the business relationship with us in time. Receivables from the sale of Goods to which we are entitled to ownership rights of the buyer in the scope of our co-Ownership of the Goods sold to us as security. If the customer combines or mixes the goods delivered for a fee with a main item of third parties, so he assigns his claims for compensation against the third party up to the amount of the invoice value of the goods delivered to us as security.We accept this assignment. On our Request us to give the buyers all of the necessary information on the inventory of the Goods in our ownership, and the claims assigned to us, and to notify its customers of the assignment. The buyer is obliged to maintain the goods subject to retention obliged carefully to deny and at its own expense against loss and to assure damage. He assigns his claims from the insurance contracts to us in advance. We accept this assignment. The value of the securities exceeds our claims by more than 10%, we shall, at the Request of the buyer, to the extent that the securities of our choice. The buyer’s right to dispose of the goods under retention of title goods as well as to collect the claims assigned to us shall expire as soon as he adjusts the payment and/or financial collapse. If these conditions are met, we shall be entitled, to the exclusion of the right of retention to request the right, without granting a period of grace, or the exercise of the withdrawal, the immediate provision of all goods under retention of title Goods. To the extent that the retention of title should be in accordance with the law of the country in which the delivered goods is, in effect, the buyer, at our Request, a equivalent security. He did not comply with this Request, we may require irrespective of the agreed payment immediate payment of all outstanding invoices goals.

IX. data protection

We are entitled to process relating to the business relationship, or in connection with the data obtained on the buyer, regardless of whether they come from the buyer or a third party, within the meaning of the Federal data protection act.

X. place of jurisdiction and place of performance

The place of performance for all obligations arising from the business relationship or from the individual contract is our shipping, our headquarters for payment. Court of Ludwigshafen is, this also applies to disputes in the certificates, bills of exchange or Cheques. The numbers 1 and 2 shall not apply to Nichtkaufl oday, in the sense of the terms-law and for a Minimum of merchants. The contractual relationships with our customers exclusively by the law of the Federal Republic of Germany is applicable. The applicability of the United Nations Convention of 11 April 1980 on contracts for the international sale of goods (CISG – ‘Vienna sales Convention’ ) is excluded.

DAM hardness Technik GmbH

Date: 04/2012