GENERAL TERMS AND CONDITIONS FOR DELIVERY AND PAYMENT

I. GENERAL CONDITIONS AND CONCLUSION OF CONTRACT:
1. The present terms and conditions shall apply to all purchase (delivery) contracts both with respect to machines, replacement parts and consumable materials and also with respect to the provision of operating staff, training, and support services to the extent that nothing different has been expressly agreed in writing.
2. Before the conclusion of the contract you will receive a written "order confirmation", in which our offer is contained. You must accept the offer contained in the “order confirmation” within a period of four weeks (date of the order confirmation). The contract comes into force on the return of the signed order confirmation within the four-week period. If that is not done the offer stated in the "order confirmation" shall be annulled.

II. DELIVERY DEADLINE, CANCELLATION BY THE ORDERER:
1. The machine will be delivered within the delivery period stated in the “order confirmation” whereby the period shall begin with the arrival of the “order confirmation” confirmed by you and the arrival of the first partial payment.
2. If we are late with the delivery, the possibility is open to you to declare cancellation of the contract in writing, setting a three-week extension period. If we do not deliver within the extension period, you will receive the return of your advance payment or you may make use of the bank guarantee assigned. Any other possible claims for compensation for non-fulfilment or delayed fulfilment in particular the assertion of loss of earnings of the basis of delay or omission of delivery shall herewith be contractually excluded. Force majeure or amendments subsequently requested by you, additional fittings or similar circumstances shall extend the delivery period correspondingly.

III. PRICE AND PAYMENT TERMS:
1. The price contained in the "order confirmation" is a fixed price “Ex Works” (i.e. net price plus relevant taxes) and also not packed and not insured.
2. If the “order confirmation” does not provide for anything contrary, 40% of the fixed price is to be paid at conclusion of the contract (whereby the delivery period is set in motion), 40% at the announcement of completion before delivery of the machine and 20% 30 days after delivery. With respect to these payments, you will receive requests for partial payment and, at delivery, the closing invoice. On delay of a partial payment, interest on arrears of 4% above the discount rate of the Austrian National Bank shall be agreed. A prohibition of compensation shall be deemed to be agreed, i.e. warranty claims or other claims shall entitle you neither to the retention of payments nor to offsetting them.

IV. HEDGING INSTRUMENT:
For hedging your advance payment of 40% of the purchase price, we will give you at the latest on conclusion of the contract, a bank guarantee that covers you for the loss of your partial payment in case of an inability to pay and also insolvency proceedings (settlement or bankruptcy).

V. RETENTION OF OWNERSHIP:
We shall retain absolute ownership of all machines, devices and other goods delivered by us until such time as the invoice has been paid in full and you shall undertake to treat our property as such, to store it properly and not to hand it on. Until the invoice has been paid in full you shall be liable for any damage, decrease in value or (partial) loss irrespective of whether you are at fault.

VI. TRANSFER OF RISKS:
The price variation risk shall be transferred to you

1. on the delivery of the object of purchase to you or your authorised agent (e.g. freight forwarding, carrier)
2. if you require dispatch, on the delivery of the goods by us to the transport person
3. in case of default of acceptance on your side, on our announcement of readiness for dispatch or completion announcement.

The transport risk shall be yours in all cases even if carriage-paid delivery with our own or other’s means of transport was agreed. The transport risk shall only be insured on the basis of a written agreement and only at your expense.

VII. WARRANTY:
1. Our warranty obligation complies with the legal provisions whereby we however extend the legal warranty period of 12 months from delivery to a maximum of 2000 hours of operation. If the operating time of 2000 hours has been reached, our warranty obligation shall end irrespective of the time that has elapsed since the actual delivery.
2. Any and all liability for consequential damages shall be excluded to the extent that they are caused by the fact that you or your staff have not observed the operating instructions or other information provided to you about the use of the product delivered and its risks. In particular you shall be obliged to adhere scrupulously to the safety regulations given by us and to ensure that the relevant operating staff are properly trained and observe the safety regulations and all other standards of care objectively resulting there from. On the occurrence of damage or consequential harm caused by a defect you must inform us without delay about its type, scope and the history of its origin in every detail in writing and, in the case of any investigations into the cause of damage, you must support us and our staff (at most insurance agents) in an appropriate form. Should you not meet these contractual secondary obligations and this results in insurance law losses you must answer to us for all these losses (at most loss of insurance cover) and pay damage compensation. If necessary repairs or installation work arise in the warranty period that were not caused by you and are not your responsibility and for which we are responsible within the framework of our legal warranty obligations we shall undertake to carry out repairs onsite, at the most to exchange the defective parts.

VIII. CANCELLATION OF CONTRACT:
On our part we shall be entitled to cancel the contract if we have declared cancellation of the contract orally, in writing, by fax or email, setting a time extension for payment of two weeks and the payment has not been credited to us within this time extension. In this case we shall be entitled to make use of the retention of title and retrieve the delivered goods at your risk and your expense. In the case of justified cancellation on our part it shall be deemed to be agreed that all payment made by you up to this time can be retained as a lump sum compensation for damages (in particular to cover our preproduction costs, purchase of materials, work carried out etc.). With respect to this lump sum compensation for damages (contractual penalty agreement) we shall agree to the exclusion of any judicial or legal right of reduction.

IX. APPLICABLE LAW, JURISDICTION AND PLACE OF PERFORMANCE:
1. For all of our agreements, in particular the present contract, the applicability of Austrian law shall be deemed to be agreed.
2. For all disputes from this contractual relationship the exclusive jurisdiction of the court to be considered for us in these matters, i.e. the District Court of Werfen or the Regional Court of Salzburg shall be agreed.
3. For all deliveries, services and payments our Head Office shall be applicable as place of performance even if the delivery in the individual case was to take place in another place.

X. FINAL PROVISIONS:
1. These general contract terms and conditions shall apply even without particular notice for all our future contractual relationships, deliveries and orders.
2. Should one or several provisions or agreements of our contract or of these general delivery and payments terms and conditions be or become legally ineffective this shall not affect the validity of the remaining clauses in the contract and the contract itself.