Conditons of Supply for Kellerer - Canes and Spare Parts - 11/03

1.

The supply shall be carried out ex works of Supplier. The supply period shall be deemed to have been met, if the goods have been delivered to the carrier or picked up within this period. If the period can be proven to have been exceeded because of force mayeur, in the event of unforeseeable circumstances or other reasons, for which the Supplier is not respon-sible, the period of supply shall be appropriately extended. Risk shall be pass to the Purchaser, whenever goods have been delivered to the carrier or picked up. At the request and expense of the Purchaser, goods shipped can be extra insured by Supplier against breakage, damage in transit or fire.

2.

Prices qoted are ex works, including packing and transport cost. Payments shall be made free paying-office of Supplier mentioned in the invoice. Title of all goods is retained by Supplier until each and every claim of Supplier against Purchaser originating in the business relations has been duly satisfied.

3.

Parts which have become of no use within 3 months after transfer of risk owing to circumstances prior to transfer of risk, particularly such as faulty design, materials or workmanship shall be repaired or replaced free of charge. Liability for faults does not cover natural wear and tear nor damage arising after transfer of risk owing to faulty or negligent handling or excessive strain. In case of any inexpert alterations or repairs carried out by Purchaser or a third party, all liability shall be waived.

4.

Supplier or Supplier`s agents shall in no event be liable to Purchaser for any further claim, particularly claims for damages not affecting the goods themselves. This shall not apply where liability is enforced by law.

5.

Exclusive place of jurisdiction is the domicile of Supplier. Contractual relations shall be governed by German law. Additional agreements shall not be binding unless confirmed in writing. If any provision of this Contract is void, the remaining part of the Contract shall remain unaffected.