STANDARD TRADING CONDITIONS

1. General Clauses:

Our contracts will exclusively be signed on the basis of our Standard Trading Conditions. Deviating clauses of the other party to the contract are herewith objected to. The delivery of the merchandise without repeated explicit objection does not imply recognition of deviating clauses.

Collateral agreements are only effective it they are confirmed by us in writing. The party to a contract recognizes the above clauses upon conclusion of the agreement, unless deviations from clauses regarding particular points have not particularly been agreed upon by writing in the contract.

2. Offer:

Our offers are subject to alteration without notice. Illustrations, drawings, data concerning performance and measurements contained in our catalogue are only approximate and not binding for us before the conclusion of the agreement; we reserve the right to alter design and construction and to change our prices before the conclusion of the agreement.

3. Conditions of Payment:

Prices listed in the catalogue are net prices ex business premises Munich, in particular without legal Value-Added Tax. Elapses a period of more than four months between the date of order and the agreed delivery date and are we able to prove that the decisive prices of the suppliers have changed after the conclusion of the agreement, we are entitled to a rise in price in an according extent. We are entitled to effect deliveries only against payment in cash upon delivery or against advance payment.

4. Passing of Risk:

Also in case of carriage paid deliveries, the risk passes onto the buyer as soon as the delivery has left our stores or any other place of dispatch in accordance with the provisions of the agreement. In case the shipment of the goods is delayed by the buyer or his representative, the risk for loss, destruction or deterioration of the goods passes to the buyer on the day when the merchandise is ready for dispatch. We and the forwarder have to be notified without delay in case of loss or damage during shipment; an offence against this clause results in excluding any liability for the damage on our side.

5. Retention of Title to Property:

We reserve the right to property regarding any goods delivered by us until full payment of the purchase price or the crediting of bills of exchange or cheques respectively. The buyer is only allowdr to sell the merchandise in the ordinary course of business. The buyer is not allowed to dispose of the merchandise with title to property by any transactions, i. e. pledging or deed of trust. In case of distraint or confiscation of the merchandise or other measures by a third party the buyer has to notify us immediately.

In case of default of the buyer we are entitled to seize the goods, whereas the buyer is obliged to restitute the merchandise,

The claims based on the resale of the merchandise with title to property are ceded to us as early as now, irrespective of whether the resale takes place without or after processing of the merchandise with title to property or putting the said merchandise together with other goods not in our property. We herewith accept this cession.

If the security based on the retention of title exceeds the claim to be secured by 20%, we are obliged upon request of the buyer to deblock securities according to our choice.

The buyer is only empowered to collect the ceded claims as long as he duly fulfills his obligations to make payments to us.

6. Guaranty:

The guaranty for all goods sold by us runs for a period of six months. If guaranty is required, all such parts will be repaired or substituted by new ones free of charge and in our discretion, which are not serviceable or whose serviceability is considerably impaired because of circumstances before passing of risk - especially because of deficient construction or defective manufacture, We have to be notified of any defects without delay. Replaced parts become our property. In case of failure of the repair or the new delivery, the buyer has the alternative right to partially annul the sale regarding the respective material or to pay a reduced price.

We do not guarantee for damages caused by inappropriate, utilization, by excessive wear due to special climatic conditions, like heat or humidity, or as a consequence of natural wear and tear, Changes or repairs carried out by the buyer or a third party without our consent result in the expiration of ally guaranty; unless the buyer proves that the changes or repairs carried out didn't cause or effect the deficiency in any way.

For damages occuring within the guaranty due to violations of contractual subsidiary duties, due to mistakes in consultations, tort, culpable violation of the obligation for repair or new delivery or due to other legal reasons, we or our subpart are only liable provided there is bad intent or gross negligence on our part. Reclamation of partial deliveries do not entitle to reject the remainder of the delivery, unless the merchandise was sold as a lot belonging together.

Any guaranty for the delivery of second hand merchandise cannot be claimed.

7. Customer's Service:

The return or exchange of delivered and practically new goods can only be effected in the undamaged and not inscribed original packaging material within four days after delivery for all articles except light bulbs, wheels, cassettes. slides, filters, films, videocassettes. videomachines, games, laser, make up, paint. decoration and gags also special offers, special orders. For the exchange the purchased article has to be returned in the original packaging material with enclosed invoice and exact description of the requested delivery to be substituted. Upon return the buyer receives a credit for which he can buy other items within 6 months after return. For each exchange or return respectively we charge a fee of 10 % of the purchasing price of the article in question.

We only carry our repairs if the articles to be repaired are sent to us unopened, properly packed and with detailed description of the defects and their causes.

8. Place of Performance, Juridical Venue, General Clauses: Place of performance is Munich. In cases of dispute based on the business relations Munich is agreed to be the juridical venue in the commercial connections with merchants. In cases of dispute German law shall be valid.

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