GENERAL TERMS OF SALESTERMS OF SALE - NEUTRIK SUBSIDIARIES,NEUTRIK DISTRIBUTORS AND AUTHORIZEDCUSTOMERS ('The Customer')
THESE TERMS OF SALE APPLY TO ALL PURCHASE ORDERS('PO') AND ARE THE ONLY TERMS APPLYING TO THE SALE
OF NEUTRIK AG ('The Company') PRODUCTS OR SERVICES.
1. CONDITIONS OF SALE:
The terms of sale are the complete and exclusive statementof all terms and conditions between the parties with respect
to the matter contemplated herein, superseding all priorwritten or oral agreements or understandings and shallcontrol notwithstanding contrary terms in Customer’sdocuments.
2. TERMS OF SHIPMENT:
A. All shipments are made FCA (incoterms 2010), unlessotherwise agreed.
B. The Customer is responsible for all freight charges.
3. PRICE:
A. Prices are subject to change without notice; PO’s are
invoiced at the price in effect as of the date of PO
acceptance.
B. Prices do not include VAT, sales, excise or similar taxes.
Any tax applicable to products covered by a quotation, bid,proposal, or resultant PO and sales order will be billed andpaid by the customer as separate and additional line itemson the invoice.
4. CHANGES IN DESIGN:
A. The Company reserves the right to modify or change any
product in whole or in part at any time prior to the delivery
thereof.
B. Information contained in any other sales or marketing
materials circulated by the Company is merely for reference
and for your convenience when ordering products and is notintended to become part of the basis of the bargain.
5. PURCHASE ORDERS:
A. Each PO must be submitted in writing. The Customer will
receive written acknowledgement of the PO within two
business days of receipt by the Company.
B. Changes to any PO MUST be submitted in writing and tobe effective must be accepted in writing by the Company.
6. QUANTITY:
Overruns and under runs of special orders or non-standard
items, not to exceed 5% of the amount ordered, shallconstitute an acceptable delivery and completion of theorder and shall be invoiced accordingly.
7. TERMS OF PAYMENT:
Terms are Net 30 calendar days from date of invoice, unlessotherwise agreed.

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8. DELIVERY:The Company shall not be held responsible for failure ofmanufacture, shipments or deliveries, or for delays therein, if
prevented directly or indirectly by fires, floods, accidents,riots, acts of God, wars, acts of terrorism, governmental
interference or embargoes, force majeure, including strikes,
labor difficulties, fuel, power, materials or supplies,
transportation delays, customs delays, or any other cause
beyond our control. We reserve the right to make completeor partial shipments of the products covered on your PO.
9. OBSOLESCENCE:
The Company reserves the right to reclassify or regroupproducts and to improve, modify, replace or discontinueproducts for any reason, including by way of amplificationand not limitation, obsolescence. Every effort will be madeto notify customers of product obsolescence, however, theCompany shall not be held liable for damages for failure todeliver product as a result of the foregoing.
10. LIMITED WARRANTY:THE COMPANY, AND ITS RELATED COMPANIES OFFER THE
FOLLOWING AS THE EXCLUSIVE AND ONLY WARRANTYWITH RESPECT TO THE SALE OF ITS GOODS AND SERVICES.
THE WARRANTIES OF FITNESS FOR A PARTICULARPURPOSE, MERCHANTABILITY OR OTHER AS STATED IN THEUNIFORM COMMERCIAL CODE OR STATE LAW ARE
EXPRESSLY DISCLAIMED.
For a period of 2 YEARS from receipt ('Warranty Period'), theCompany warrants the Product will be free from defect. If aWarranty claim is registered in writing, to the Company
during the Warranty Period, the Company, in its sole
discretion, may repair or replace the defective Product, but
under no circumstance shall the Company be liable, under
any theory, legal or equitable, contract, tort or warranty, fordamages, loss or injury, regardless of description, in excessof the cost of the Product, this exclusion includes, but is not
limited to, compensatory, consequential, special, exemplary
damages, in excess of Product cost. These exclusions arevalid, notwithstanding any terms to the contrary in theCustomer's purchase documents.
If the Company manufactures the Product to the Customer'sspecifications, in such case the Customer will indemnify theCompany against any third party claim.
For the Warranty to be effective, the Customer must follow
all instructions, as stated in the Company Product andspecification materials, particularly with respect to Productinstallation, storage and use; any deviation negates theWarranty.
11. ERRORS:The Company reserves the right to correct clerical andtypographical errors on any written notice supplied by theCompany including, but not limited to, quotations,acknowledgements, invoices, and/or product sales orGENERAL TERMS OF SALES
marketing materials, at any time.
12. RISK OF LOSS:
Damage and risk of loss of any kind or nature after deliveryof product to the carrier shall be at the Customer's risk. The
Customer represents it has adequate insurance for same.
13. CANCELLATION:
Your PO is not subject to cancellation, except upon theCustomer's written request and with our written consent andupon terms which will compensate the Company for all
costs incurred or that may incur.
14. CLAIMS:
A. Any claim for under shipment or miss-shipments must be
made to the Company within five days of the date of receiptof the shipment by the Customer.
B. All other claims, including but not limited to breach ofwarranty shall be made in writing within 45 days of thealleged failure, act, or omission giving rise to such claim.
C. Failure to make such claim within the time periods notedherein shall operate as a bar to the enforcement of any suchclaim.
15. PACKAGING:
All products shall be shipped in standard commercial
packaging unless otherwise specified.
16. INTELLECTUAL PROPERTY:The Company's Intellectual Property including, but notlimited to, patents, product trademarks, service marks andtrade dress identified are the property of the Company. Any
misuse of this property shall be subject to all legal remedies
available.
17. PRICE PROTECTION POLICY:
Price protection is granted against price increases ordecreases under the following conditions:
1. When an increase becomes necessary, every attempt will
be made to notify you in writing a minimum of 30 days
before the scheduled change. No scheduled orders will
be accepted during the 30 day period prior to theeffective date of the price increase.
2. Any price decrease announced will be retroactive toinclude shipments made to you up to 30 days prior to
the effective date of the decrease.
3. Credit will only be issued upon receipt of written requestfrom you within 30 days of the effective date of the pricedecrease. Information submitted by you must include
invoice number, part number and quantity.
NEUTRIK AG / Im alten Riet 143 / 9494 Schaan
Principality of Liechtenstein www.neutrik.com(T) +432 2372424 / (F) +423 2325393

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