Page 30 of catalogue Plugs of Kunststoffverarbeitung Gebr. Hüfner Betriebs-GmbH

General trading conditions

I. General, quotations, orders and conclusion of contract: Our deliveries and services shall be exclusively on the basis of these terms and conditions of business. Terms and conditions of buying or business of our contracting partner shall only be binding for us if we expressly acknowledge them in writing. An additional contradiction of the bindingess of the contracting partner's terms by us shall not be necessary. Our terms and conditions shall be deemed accepted no later than acceptance of our order confirmation free of contradiction. terms and conditions shall apply for future transactions even if they are not expressly agreed in each individual case. Sundry agreements deviating from these terms and conditions shall only be valid if they have been expressly confirmed by us in writing. Such special written agreements shall have priority over these terms and conditions to the extent that they contradict them. Apart from this, these terms and conditions shall remain unaffected. Our quotations shall be without obligation unless an agreement to the contrary has been expressly made. An order shall only be deemed accepted by us if it has been confirmed in writing. In particular, telephone agreements and arrangements shall require written confirmation. Confirmation can also be given in the form of an invoice being issued. II. Prices The contracts between Customer and ourselves shall be concluded for fixed prices as a matter of principle. However, we shall be bound to the fixed prices for no longer than the expiry of a period of 8 weeks from order confirmation. After expiry of this period, we shall be allowed to adapt the prices, taking the development of the market price since the date of the order confirmation and the principles of § 315 German Civil Code into account. The same shall apply if the market prices for the commodities sold change by more than 2 % from the conclusion of the contract (date of the order confirmation) until delivery. Our prices shall be understood in EURO and, to the extent obligation to VAT exists, plus the statutory Value Added Tax to the amount applicable at the time of delivery. If freights, dues or fees are increased or introduced after conclusion of the contract, we shall be entitled to amend the price accordingly. This shall particularly apply in alterations of import, customs and foreign currency provisions. III. Delivery and dispatch Delivery dates and delivery periods shall only be approximate unless we have expressly assured them in writing as being binding. Delivery periods with receipt of our order confirmation. When unusual types are manufactured, deviations from the quantity ordered of up to 10 % are permissible. In arrears in delivery, Customer must set a suitable subsequent period in writing. After fruitless expiry of this period, it shall have the right to withdraw from the contract. Further extra-contractual or contractual claims, in particular claims to damage on account of culpa in contrahendo, arrears or failure to perform shall be ruled out unless we are liable for malice aforethought or gross negligence. Orders placed on call without a precisely fixed deadline must be called no later than 6 months after placement of the order. Maturity of our claims shall occur at this time at the latest, albeit not before invoicing. In addition, we shall have the right to withdraw from the contract or from the part of the contract not yet fulfilled after setting a suitable subsequent period. In lieu of withdrawal, we shall also be entitled to charge Customer additional costs caused by a delayed call or subsequent alteration of the call with regard to time or quantity; our calculation shall be decisive in this. Incidents of force majeure shall entitle us to postpone the delivery or the service for the duration of the prevention plus a suitable run-up time, even if the incidents occur with our suppliers or their sub-suppliers, or to withdraw partly or totally from the contract on account of the part not yet fulfilled. Force majeure shall be equivalent to strikes, lock-outs, mobilisation, war, blockades, import and export bans, traffic disturbances, operational interruptions, fire and other accidents or circumstances which cannot be influenced by us and which make delivery unreasonably more difficult or impossible for us. Customer can demand a declaration from us whether we withdraw from the contract or deliver within a suitable period. Claims to damages shall also be excluded in the above mentioned cases to the extent that we are not liable for malice aforethought or gross negligence. Customer engages to notify us of the specification and the other information needed to implement the order by the agreed date. If Customer gets into arrears with this, we shall be entitled, at our option, to specify ourselves and then to supply, to withdraw from the contract or to demand damages on account of non-performance. Place of performance for the delivery for both sides shall be Waltershausen. The goods shall travel uninsured and, in any case, at Customer's risk. Customer and we have agreed that the goods shall be sent to Customer ex (delivery) works or ex warehouse. If no specific agreement has been made, we shall select the means and the route of transport with no liability for the cheapest and quickest transport. Punctual and correct delivery to us and proper arrival shall be reserved. We shall be entitled to deliver prematurely. Part deliveries may not be rejected. IV. Returns If Customer returns properly delivered goods with our approval, a processing fee of 10%, however at least an amount of €25.00, shall be deducted from the credit. In addition, Customer shall bear the risk and the cost of the return as well as the freight. V. Technical defects time of the passage of risk shall be decisive for the contractual condition of the goods. We shall not be liable for technical defects caused by unsuitable or improper use, faulty assembly or commissioning by Customer or third parties, customary wear and tear, faulty or negligent treatment, likewise not for the consequences of improper alterations or repair work by Customer or third parties or such carried out without our approval. The same shall apply for defects only inconsiderably reducing the value or the usefulness of the goods. Claims to technical defects shall be barred after 12 months. This shall not apply to the extent that law prescribes mandatory longer periods. The validity of the provision of § 377 German Commercial Code concerning the obligation to examination and notification of defects shall be unaffected. However, notification of defects and complaints on account of delivery of non-contractual goods can be made within 14 days of the arrival of the goods at the destination. Defects and complaints on account of delivery of non-contractual goods, which cannot be discovered within this period even with careful examination, shall be notified or claimed, as the case may be, immediately after discovery and with an immediate stop to any processing. We shall be given an opportunity of establishing the defects notified. Goods causing complaint shall be sent back to us without delay upon request; we shall bear transport costs if the notification of defects is justified. If Customer fails to comply with these obligations or makes alterations to the goods already notified as defective without our approval, it shall lose all and any claims to technical defects. In the event of a justified, punctual notification of defects, we shall, at our option, rework the defective goods or provide flawless replacement. If we fail to comply with these obligations at all or contractually within the set period, Customer can set us a last period in writing, within which we must comply with our obligations. After a fruitless expiry of this period, Customer can demand reduction of the price, withdraw from the contract or carry out the necessary reworking itself or have it done by a third party at our expense and risk. If reworking has been done successfully by Customer or a third party, all claims of the parties shall be deemed settled with the reimbursement of the necessary costs incurred by it. Reimbursement of costs shall be ruled out to the extent that the expenditure increases because the goods have been taken to another place after our delivery, unless this corresponds to the intended use of the goods. Customer's statutory claims to recourse against us shall only exist insofar as Customer has not made any agreements exceeding the statutory claims to defects with its customer. Section 7, last sentence, shall apply accordingly for the scope of the claims to recourse.

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