Conditions of purchase

Conditions of purchase of ViscoTec Pumpen- u. Dosiertechnik GmbH

The conditions of purchase stated below shall apply exclusively to our purchases,

including if we have not expressly objected to any conditions of sale which our suppliers may have to the contrary and insofar as no agreements have been to the contrary and recorded in writing.

1. Order

Quotations submitted to us shall contain the order quantity, goods designation, goods

qualities and delivery times as stated on our enquiry and shall be

free of charge and non-binding on us. If changes are made to the quotation in respect of

our enquiry, the supplier shall inform us of this separately.

Orders shall only be binding on us if we have declared them such in writing or

confirmed them in writing. If a supplier modifies an order,

a contract shall only be concluded if we have stated our consent to the change

in writing.

2. Deliveries

The agreed delivery dates shall be fixed dates. It shall not be necessary to define a period of grace

in respect of the occurrence of default. If the supplier is in default, we

shall be entitled, at our discretion, either to demand subsequent deliveries and damages due to the

delayed delivery, to demand damages due to failure of performance or to

withdraw from the contract.

In the event of force majeure, the imposition of regulatory action, strikes,

civil unrest or other disturbances that affect our operations and that

we cannot rectify by reasonable means,

the occurrence of a default in acceptance shall be excluded on our part.

The supplier alone shall be responsible for the correct packaging and the correct

shipping of the goods. We shall only bear transport costs

where this has been agreed and even then only for the lowest priced type of despatch.

We shall not accept transport costs for partial deliveries not accepted in writing

by us.

If we return packaging material to the supplier carriage paid, we shall receive

a credit note for the invoice amount due therefor.

3. Payment

The agreed prices shall be fixed prices.

We shall make payments, subject to agreements made and recorded in writing to the contrary,

as follows:

with a 3% discount up to 30 days after receipt of the goods and the invoice,

with a 2% discount up to 60 days after receipt of the goods and the invoice,

with no discount strictly net 90 days after receipt of the goods and the invoice.

However, our payments shall always be made under reserve and do not represent any

recognition of the supplier’s conditions of sale. Furthermore, they shall

not apply as confirmation that a delivery has been made correctly.

Without our express consent, assignments of accounts receivable by the

supplier to third parties in respect of us shall be excluded.

4. Warranty

The goods received by us shall be inspected as soon as possible within the framework of regular

course of business. Our obligation to inspect the goods and give notification of defects shall be restricted

to visible external defects. Regarding packed goods, if the packaging is

damaged such that it can be assumed the contents are also damaged, we shall

open the goods for inspection purposes. If defects are thus established, a

time limit for lodging a complaint of 14 days after the defect was established shall apply. We shall not be bound by any

obligations to inspect and give notification of defects in respect of such defects which are not clearly identifiable.

In the event of the goods supplied being deficient, we shall be authorised, at our

discretion, either to reduce the purchase price, to demand rectification of the defects, a substitute delivery

or damages due to failure of performance, or

to withdraw from the contract in full or in part.

Provided that no agreement exists in writing to the contrary, a warranty period

of two years from our receipt of the goods shall apply.

5. General provisions

If a provision in our terms of purchase, whether in full or in part, and for

any reason whatsoever, is void or should become so, this shall not affect

the validity of the remaining provisions. Void provisions shall be

replaced by others which most closely reflect the required business purpose.

The place of performance shall be the receiving office specified by us.

The law of the Federal Republic of Germany shall apply to the exclusion of the international

sale of goods law.

6. Place of jurisdiction

The exclusive place of jurisdiction shall be Mühldorf am Inn, Germany.

Töging am Inn, Germany, 01/12/2013

ViscoTec Pumpen- u. Dosiertechnik GmbH.

Amperstrasse 13

84513 Töging am Inn, Germany

Tel. +49 (0) 8631 9274-0

Fax +49 (0) 8631 9274-300