General terms and conditions of CSAWA GmbH

1. General / scope of validity

1.1 These terms and conditions shall apply exclusively. We shall not
1.2 acknowledge any conflicting or deviating terms and conditions unless we have expressly agreed in writing. This also applies in the case of unconditional performance of delivery. The conditions shall only
apply to companies.

2. Orders

2.1 We reserve the right to make technical and design modifications to the items ordered. Such modifications are permitted in so far as they do not or only marginally impair the function, normal use and value of the items ordered. If purchase of the items ordered is unacceptable for the customer due to a modification, the customer may withdraw from the contract. All mutual claims for damages are excluded.

3. Delivery

3.1 Failure to observe delivery dates and delivery periods only entitles the customer to assert due rights if we are given a reasonable period of extension of at least two weeks.

3.2 If a delivery is delayed due to unforeseen, unusual events at CSAWA or a supplier over which CSAWA has no control despite reasonable care according to the individual circumstances,for example operational breakdowns, power cuts, delays in deliveries of important raw materials, interventions of the authorities and unauthorised industrial disputes, delivery periods are extended, also within an existing delay in delivery. CSAWA will inform the customer immediately of such obstacles.

3.3 Claims for compensation as well as contractual penalties for delayed delivery are excluded.

4. Prices

4.1 Our prices are calculated exclusively in Euro, also for deliveries outside of Germany.

4.2 Our prices are quoted ex works excluding VAT at the valid statutory rate. VAT is not charged if deliveries outside Germany are not subject to VAT.

4.3 Packaging and shipping costs shall be charged separately.

4.4 Delivery is made in accordance with our terms and conditions of delivery and payment. For orders of less than EUR 500, we charge shipping costs of EUR 5.00, for orders of EUR 500 or more we deliver free of charge. For orders of more than EUR 5,000, we only deliver against payment in advance to our account.

5. Terms of payment

5.1 Our invoices are payable within 30 days from date of invoice net, or within 10 days with 2% discount. In the event of payment by bill of exchange accepted by us, all exchange and lending fees are borne by the customer. In the case of payment by direct debit, we grant a cash discount of 4 %.

5.2 In the event of delay in payment, the customer shall be charged interest on arrears of 5 % above the relevant marginal lending rate of the ECB.

5.3 The customer cannot offset our claims for payment against counterclaims or exert a right of detention unless the customer is entitled to a claim which is not disputed by us or which is legally binding.

6. Shipping, insurance and passage of risk

6.1 All our deliveries are insured by us against transport riskson the customer’s behalf.

6.2 Risk passes to the customer as soon as the delivery leavesour company.

6.3 Shipping is carried out in all cases on behalf of and at the risk of the customer, even if free delivery is agreed.

6.4 If the customer returns transport packaging in accordance with §§ 3, section 1 no. 1,4 Packaging ordinance, he bears the costs of return in all cases. In the case of deliveries outside Germany, return of packaging of all types is excluded.

7. Warranty

7.1 For inspection of the items delivered by us and notification of defects, the regulations of §§ 377, 378 HGB shall apply.

7.2 If the items delivered by us are defective and notification of the defect has been given in time, we may fulfil our warranty obligations at our discretion, either by reworking or replacement delivery. If reworking or replacement delivery fails, the customer may demand a price reduction or
annulment of the contract.

7.3 Our technical, design and other information in brochures or other documents are always given as approximations and do not constitute an assurance of the properties of the goods.

7.4 Any further claims, in particular claims for compensation for consequential damage as a result of positive breach of contract, faults on conclusion of the contract or unauthorised actions are excluded.

7.5 Liability is restricted in all cases to the value of the goods. All liability restrictions do not apply in the event of gross negligence or intent, claims for compensation due to the lack of assured properties or infringement of essential contractual obligations.

8. Retention of title

8.1 The goods delivered remain our property until full payment of all accounts receivable arising from the business relationship. Bills of exchange and cheques only constitute payment on redemption.

8.2 The customer may only resell the goods subject to our retention of title in the normal course of business and if not in arrears. The customer hereby assigns accounts receivable from resale of the goods subject to reservation of title to us. The customer is entitled to collect accounts receivable until revoked by us at any time.

8.3 In the event of processing, combining or mixing with other goods which do not belong to us by the customer to produce a new, single item, we are entitled to joint ownership of the new item in relation to the value of the goods subject to retention of title to the value of processing and/or the combined or
mixed goods at the time of processing and/or combination and/or mixing. The joint ownership thus arising for us constitutes goods subject to retention of title in accordance with these regulations.

8.4 If the total value of securities granted exceeds our claims by more than 10 %, we are committed at the request of the customer to approval or recessation.

8.5 The customer is to inform us immediately of any restrictions of our rights to the goods subject to retention of title and the claims assigned to us by third parties, in particular as a result of enforcement measures.

8.6 If the customer is partially or fully in arrears with accounts payable to us, we are entitled to demand the return of the goods subject to retention of title and dispose of them otherwise as well
as hold back outstanding deliveries. Assertion of rights to retention of title does not constitute withdrawal from the contract.

9. Place of performance and jurisdiction

9.1 The place of performance for all obligations resulting from the contractual relationship is Berlin.

9.2 The place of jurisdiction is Berlin.

9.3 The legal relationship is subject to the laws of the Federal Republic of Germany and excludes the regulations of private international law and the UN convention on contracts for the international sale of goods.

10. Saving clause

The invalidity of individual regulations of these GTCs does not affect the
validity of the remainder of the GTCs.

Csawa GmbH

Am Karlsbad 10

D-10785 Berlin

Managing Director Johanna Holldack
HRB 114641B Amtsgericht Berlin Charlottenburg