TOT

Terms of Trade 1. The following conditions form the base for all further quotations, sales and deliveries and remain an integral part of the contract, although not specifically mentioned. Differing terms on the part of purchasers are not valid, nor do they obligate us to accept any claims. Amendments of the following terms are subject to a written confirmation. Even verbal agreements have to be confirmed in writing. Invalid or inoperative single terms do not affect validity of the remaining terms. 2. Our prices are to be understood as net, without tax, ex works and without packing, if not otherwise agreed. All quotations are without engagement. All increases in local taxes and fees, as well as price increases in raw-materials, wages and saleries and components will be billed to the account of the customer - even after conclusion of contract. In case of obvious reasons for increasing prices, allfa would be allowed to cut possibly granted discounts instead of increasing prices. 3. If not otherwise agreed all invoices have to be paid net upon receipt. Should payment by irrevocable L/C be agreed , please consider the following: Due to high bank charges, we can only accept L/C´s exceeding DEM 5.000,- or EUR 2.560. An irrevocable letter of credit must be made out in our name, in Deutschmarks or Euro only, payable at sight through one of our banks. All foreign bank charges are for the customer`s account. L/C should be valid at least 6 weeks, if not otherwise agreed. Cheque payments are subject to their receipt. All foreign bank charges are for the customers account. Should a payment remain unpaid despite a reminder, or if information about the customer´s financial status creates doubt about outstanding payments, all outstanding invoices are to be settled immediately, regardless of prior agreement. In such a case allfa may stop all outstanding deliveries without notice. This does not alter our lien in the goods and our right to have them returned to us. In case of delayed settlement allfa is entitled to charge interest of at least 3 % over the current discount rate of the Federal Bank in Germany 4. Delivery will always be effected in the easiest and quickest way, decided by allfa. Partial shipments are allowed if not otherwise excluded. Insurance has to be covered by the customer. 5. Delivery times are to be seen as approximate. Recourse is excluded in case of transport problems, faulty or missing packing, break-downs in production and components or similar problems, as well as force majeure. Should a subsupplier pull out from his contract, allfa would be allowed to pull out as well without notice. Over- and undershipments of about 10 % in quantity and value are permitted 6. Should the customer refuse to accept delivery, allfa would be entitled to claim for acceptance, to store the goods at the customer´s expense or to withdraw from the contrac claiming a 25 % unproved compensation. Additionally allfa would be entitled to charge interests of at least 3 % over the current discount rate at the Federal Bank in Germany 7. allfa guarantees the contractual quality of goods delivered. Guarantee is limited either to replacement of the returned goods or by an additional discount, however allfa decides. Return of faulty goods must be accepted in advance by allfa. The customer may withdraw from the contract if the replaced goods are also faulty or do not meet agreed quality standards. Claims concerning quantity or quality can only be accepted within 8 days of receipt. 8. Our liability for visible faults expires within one week of receipt of the goods. The basis for every claim is that the customer returns the goods free of charge to our warehouse. allfa will credit freight charges if the claims can be accepted. Liability ends within one month after the complaint was rejected. 9. Delivered goods belong to allfa until outstanding invoices have been settled. 10. Place of contract and liability will be our main office address, Gelsenkirchen, Germany, either for a dispute on payment or delivery. Furthermore, allfa retains the right to sue either under German law or internationally. Payment must be made in either Deutschmarks or Euro.

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