General terms of delivery and sales terms home and foreign countries

valid from 7/1/2007

Shipping: Our shipments only take place due to the common selling conditions. These either become valid and agreed to with an acceptance of our offer or with a purchase of our products. Varying business conditions of our clients will not be a part of the contract, even if we do not strictly disagree to them.

Shipment completion: If the final amount is not accepted within the agreed time period, the contract will lose its validity and we're entitled to charge the difference between the agreed amount and the minimum quantity.

Default of acceptance: If the contractual partner is in default of acceptance, we're entitled to store the merchandise in our storehouse, for which we will charge warehouse charges of 0,02€/KG every calendar day and either insist on a contract fulfillment or rescind with us using the merchandise for something else, despite any claims of damage restitution etc.

Corporate default: The buyer has to accept minor delays of delivery deadlines without any right of indemnity or contract termination. Legal consequences of corporate default will not arrive without dunning letters.

Prices: Our prices are non-committal in EURO, w/o. sales tax. Orders that we receive without any indication of prices will be handled according to the respective day's valid prices. The term ×as ever" is related to the article's quality, not its price. We make surcharges for small amounts, small packages, special fillings and special dispatches.

Postage and Packaging: Our prices are carriage free and customers' concern. Prices for international shipping are comply with incoterm EXW Klosterneuburg.

Loan Packaging: Loaned packages like containers, barrels, pallets and alike are to be handled carefully and returned within 30 days to the customer's expense.

Distribution: The location of dispatch is A-3400 Klosterneuburg. All dispatches within austria are done with buyer's risk, international dispatches accord to the incoterm EXW A-3400 Klosterneuburg. We only insure our merchandise on request and expense of the individual customer. In assistance in loading operations, the buyer holds us harmless and non-actionable.

Payment: If not arranged in a different way, bills have to be paid on their respective days without deduction. Delays, Offsets: If payment isn't made in time, default interest of 1% p.M. has to be paid. Retention of payments without agreed or rightful claims is not permitted. This counts for the opposite as well.

Reservation of Ownership: We reserve the right of ownership until the full payment is received. If the respective merchandise is processed/ worked on before payment, the buyer receives a right of coparcenary of the work-in-progress merchandise. I fit is going to be re-sold, the buyer is granting us prorate sales revenue, records it in his sales book and makes his cession of rights public to his customer. If the buyer is selling the goods in an un-processed condition, he returns the reservation of ownership to us and binds himself to record this in his sales book and reveal this fact to his customer on request.

Complaints: NODs can only be taken into account if they are made within 8 days after the dispatch's arrival, before the merchandise's usage and with a sample remittance. We are not liable for damages that occur due to wrong usage or processing of our products. The buyer has to tolerate natural, small inequalities in the quality of merchandise and is therefore not entitled to make any claims of compensation or reject the respective merchandise. The transferee always has to prove that damages already existed at the time of delivery. Except for cases which grant the right of rescission, we reserve the right to fulfill warranty claims by improvement, exchange or price reduction.

Compensation: We are only liable for compensations, if these have to be completed by laws. Furthermore, claims of compensation for negligence are disqualified. Claims of replacement expire by limitation of 6 months. Utilization of the rules of laesio enormis is ruled out.

Product liability: Recourse claims, which contract partners or third party members of the area ×product liabilty" make against us according to the PHG, are barred out, if the maker of this claim cannot prove that damages have been caused by us or by culpable negligence.

Vis major: Acts of higher nature, lawful orders, especially concerning the supply of raw materials, not-abidance of shipping contracts on behalf of our dispatch partners, termination of work, interruption of operations etc. entitle the seller, to withdraw from contract or its unfinished contents without any entitlements of compensations for the buyer.

Place of jurisdiction: Any disputes resulting from this contract will be handled by the court nearest our company domicile. We are entitled to sue at a contract partner's common place of jurisdiction. Applicable law: The applicable law is the Austrian substantive law. The applicability of UN-buyers' rights is ruled out. The contract language is German.

Forfeit clause: If any regulations of shipping or payment requirements become invalid, they will not affect the validity of the remaining provisions.

General remarks: Changes of any kind are expressly reserved. We are not responsible for verbal information or commitments made by our staff. All of our offers are subject to change. Goods are subject to being unsold. Verbal agreements need to be approved by written confirmations. As far as the use of our products is subject to special legal regulations, the examination and consideration of all related issues is within the buyer's responsibility. Any recommendation on the use of our products are the best of our knowledge and only serve to advise. We cannot grant guarantees in every case due to the diversity of possible applications and conditions beyond our control, we cannot accept.