General Terms and Conditionsof the Wurth Electronics Australia Pty. Ltd.

As of: June 2017
1. Application
1.1 These General Terms and Conditions (hereinafter"Conditions") constitute an exclusive statement of the agreement
between Wurth Electronics Australia Pty. Ltd (hereinafter "Wurth
Electronics") and the customer with respect to the sale of Wurth
Electronics’ goods and services, despite any provisions to acontrary effect in any of the customer's order forms or otherdocuments and even if they are not referred to in subsequent
contracts. Any terms and conditions of the customer that conflict
with, supplement, or deviate from these Conditions shall not
become part of the contract unless their application is expressly
approved by Wurth Electronic in writing. These Conditions shallapply even if Wurth Electronics accepts a delivery or service fromthe customer without reservations whilst being aware of thecustomer's conflicting or deviating terms and conditions.
1.2 Agreements which supplement or deviate from these
Conditions and which are made between the customer and Wurth
Electronics for the performance of a contract must be set out inwriting in the contract. This also applies to the cancellation of thisrequirement of the written form.
1.3 Any rights beyond these Conditions to which Wurth
Electronics is entitled by law shall remain unaffected.
1.4 The following definitions apply unless the context requires
otherwise:(a) "Australian Consumer Law" means the Competition andConsumer Act 2010 (Cth), Schedule 2.
(b) "customer" means the person or company that purchases
goods or services from Wurth Electronics under a contract
arising in accordance with clause 2 of these Conditions.
(c) "GST Law" has the meaning given in the A New Tax System(Goods and Services Tax) Act 1999 (Cth), and terms used which
are not defined in these Conditions, but which are defined in the
GST Law, have the meanings given in the GST Law.
2. Offer and formation of contract
2.1 Offers from Wurth Electronics shall be subject to change andnon- binding, unless they are expressly stated to be binding.
2.2 Pictures, drawings, information as to weight, measurement,
performance and consumption as well as other descriptions of thegoods in the documentation pertaining to the offer shall beapproximations only, unless they are expressly stated to bebinding. Subject to Wurth Electronics’ obligations under theAustralian Consumer Law, they do not constitute an agreement
on, or guarantee of, the corresponding quality of the goods andWurth Electronic is not bound as to these details or their accuracy.

by the customer shall require written approval by Wurth
Electronic.
2.6 Contracts that are concluded shall oblige the customer toaccept and pay for the goods or services ordered.
3. Prices, payment, set-off
3.1 Subject to clause 3.2, the agreed price shall prevail. Unlessstated otherwise, the price quoted to customers is exclusive of
GST. Also not included in the price shall be the costs for packaging,freight, insurance, customs and public levies. These costs as wellas any other ancillary costs shall be invoiced to and paid forseparately by the customer.
3.2 For goods and services that shall not be performed within aperiod of four months after entering into a contract for sale, Wurth
Electronics shall be entitled to adjust the price in line with any
increases in wages and in the cost of materials that may haveoccurred during that period. The same shall apply for services thatare to be provided as part of continuous obligations. If Wurth
Electronics has agreed with the customer that the prices shalldepend on specific price factors, for example, raw material prices,changes in the price factors can lead to price adjustments,
irrespective of the performance period.
3.3 Unless otherwise agreed, payment must be made within 30
days after the date of the invoice. Wurth Electronics shall,
however, be entitled to make the delivery of outstanding
deliveries or the provision of services contingent upon prepayment or the provision of security if no previous business
relationship exists with the customer, deliveries are to be madeabroad, the customer's registered office is abroad or if there are
any other reasons that give Wurth Electronics reason to doubtthat payment will be made promptly after delivery or provision of
the services.
3.4 If after the contract has been entered into Wurth Electronics
becomes aware of circumstances that could considerably reducethe customer's creditworthiness and which could endanger thepayment of outstanding receivables of Wurth Electronics by thecustomer under the individual contract, Wurth Electronics shall beentitled to refuse to continue to perform the contract until thecustomer makes payment or provides security for such. If thecustomer is in default of payment, all the receivables of Wurth
Electronics that are outstanding with the customer shall becomedue immediately.

2.4 Orders from the customer shall be binding. A contract for salewill arise upon Wurth Electronic's acceptance of the customer'sorders by sending a written order confirmation, by Wurth
Electronic making delivery of the goods or providing the services
ordered.

3.5 Payment shall be deemed made on the date on which Wurth
Electronics receives the amount owed in cleared funds. When
paying by cheque, payment shall only be deemed made after thecheque has been presented and Wurth Electronics has received
the amount in cleared funds. Discount charges and other chequecosts shall be borne by the customer. In the event of default of
payment, Wurth Electronics is entitled to charge interest from thepayment due date to the date of payment (calculated on a daily
basis) at the per annum percentage rate charged by Wurth
Electronics’ [Australian bankers for overdraft facilities above$100,000 plus 2%.] The right to assert a further claim for damages
is not excluded.

2.5 Executing orders according to the documents to be provided

3.6 Wurth Electronics shall be entitled to credit payments made2.3 Wurth Electronic reserves all proprietary rights and copyrights
in any offer documents. Such documents may not be madeavailable to any third party.

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by the customer towards the customer's oldest debt first. If costs
and interest have already accrued, Wurth Electronics shall beentitled to credit the payment towards the costs first, thentowards interest, and finally towards the principal claim.
3.7 Counterclaims of the customer may only be set off or used toassert a right of retention by the customer if they have become
final by virtue of a judgment or if they are undisputed. A right toretain may be asserted by the customer only if the customer’s
counterclaim is based on the same contractual relationship.
3.8 Unless stated otherwise, all consideration provided underthese Conditions and any contract for sale formed in accordancewith clause 2 is exclusive of GST. If GST is payable by the party
making the supply (supplier), the recipient must, upon receipt of atax invoice from the supplier, pay the supplier an amount equal to
the GST payable on that supply.
4. Deliveries
4.1 Delivery periods and dates shall only be binding for Wurth
Electronics if Wurth Electronics explicitly states or confirms thatthey are binding. Agreed delivery periods shall be deemed met if
the goods have been handed over to the person in charge of thetransport at Wurth Electronics’ registered office or at one of Wurth
Electronics’ warehouses before this period has expired or if Wurth
Electronics has provided notification that they are ready for
dispatch but have not left the registered office or warehouse
because the customer has declared that it will not accept the
goods.
4.2 If making the agreed deliveries or providing the services ofWurth Electronics requires the cooperation of the customer, thecustomer shall ensure that Wurth Electronics is provided with all
the necessary and appropriate information and data within goodtime and that such is of the required quality. If programming isrequired, the customer shall provide Wurth Electronics with thenecessary computer processing power, test data and data
inputting capacities within good time and to a sufficient extent.
4.3 The delivery period shall not start before all the documents,
information, approvals and permits that are to be provided by thecustomer have been provided in full and any technical issues havebeen clarified and any agreed down-payment has been received.
As a prerequisite for compliance with the delivery period or thedelivery date, the customer must perform its other obligations
properly and in due time. Compliance with the agreed delivery
deadlines and delivery dates is subject to the condition that Wurth
Electronics is supplied by its own suppliers in due time andproperly. Any changes or amendments that are subsequently
agreed with Wurth Electronics may result in a reasonable
extension of the agreed delivery dates.
4.4 Wurth Electronics shall be entitled to make reasonable partdeliveries and provide partial services. Unless otherwise expressly
agreed, deliveries and services ahead of schedule shall be allowed.
4.5 If the customer is in default of acceptance or violates otherduties to cooperate, Wurth Electronics can claim compensation
for the damage caused including any additional expenditure andstorage costs. Any other claims remain unaffected.
Wurth Electronics shall be entitled, after setting a reasonable

subsequent deadline, to otherwise dispose of the goods and to
supply the customer with new goods within a reasonable
extended deadline.
5. Passing of risk/dispatch
5.1 The risk of accidental loss or accidental deterioration of thegoods shall pass to the customer at the latest when the goods arehanded over to the customer or, if it is agreed that the goods will
be shipped, upon the handing over of the goods to the shipping
company, freight carrier or to any other person instructed to carryout the dispatch. This shall also apply to part deliveries or if it has
been agreed that the dispatch is “freight paid” or free of charge. In
the absence of written instructions from the customer, Wurth
Electronics shall be entitled to choose the carrier and the itineraryat its own discretion and after a due assessment of thecircumstances. At the request and expense of the customer,
Wurth Electronics shall take out transport insurance to insure thegoods against the risks specified by the customer.
5.2 If there is a delay in handing over or dispatch for reasons forwhich the customer is responsible, the risk shall pass to thecustomer on the day the goods are ready to be dispatched andWurth Electronics informs the customer of such.
5.3 If Wurth Electronics chooses the type of dispatch, the dispatch
route and/or the person to carry out the dispatch, Wurth
Electronics shall only be liable for wilful misconduct or grossnegligence resulting from this choice.
6. Retention of title
6.1 The goods supplied remain the property of Wurth Electronics
until all amounts owed to Wurth Electronics by the customer as aresult of the business relationship has been fully paid. If Wurth
Electronics’ obligations to be performed include delivering
software, up until payment in full has been made of any amounts
owed, the customer shall in any case only be granted a revocableusage right. Amounts owing also include claims under chequesand bills of exchange, as well as current-account claims. The
customer shall be obliged to handle all goods to which title isretained, and as long as title is retained, with due care. In
particular, the customer is obliged to sufficiently insure the goods
at the customer’s own expense against damage by fire, water, andtheft at their replacement value. The customer hereby assigns to
Wurth Electronics all claims for compensation arising from suchinsurance. Wurth Electronics hereby accepts the assignment. If an
assignment is not allowed, the customer hereby irrevocably
instructs its insurer to make payments, if any, only to Wurth
Electronics. This does not affect any further claims of Wurth
Electronics. Upon request, the customer must provide Wurth
Electronics with evidence of the currency of the insurance policy.
6.2 The customer shall only be allowed to sell the goods which are
subject to retention of title in the ordinary course of business. The
customer shall not be entitled to pledge the goods which are
subject to retention of title, to transfer them by way of security or
to make any other dispositions which may jeopardize Wurth
Electronics’ ownership. In the event of any attempted or actual
enforcement of security interests or attempt to levy execution
against the goods by third parties, the customer must notify
Wurth Electronics without undue delay in writing and provide all
the information required, advise the third party of Wurth
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Electronics’ property rights and assist with the measures taken by
Wurth Electronics to protect the goods which are subject toretention of title. The customer shall bear any costs for which it is
responsible and which are necessary for the removal of the
security interest and the recovery of the goods, if and to the extent
that these costs cannot be obtained from the third party.
6.3 The customer hereby assigns to Wurth Electronics allreceivables and other proceeds arising from the resale of thegoods, including all ancillary rights, irrespective of whether the
goods which are subject to retention of title are resold without or
after further processing. Wurth Electronics hereby accepts thisassignment. In the event that such assignment is not allowed, thecustomer hereby irrevocably instructs the third-party debtor to
make payments, if any, only to Wurth Electronics. The customer
has the authority, which may be revoked at any time, to collect thereceivables assigned to Wurth Electronics as a trustee on behalfof Wurth Electronics. All amounts collected must be remitted toWurth Electronics immediately. Wurth Electronics may revoke thecustomer’s authority to collect receivables and its right to resell
the goods if the customer fails to properly perform its payment
obligations to Wurth Electronics, if the customer is in default of
payment or stops payment, or if a petition is filed for the
institution of insolvency proceedings against the assets of thecustomer. Any resale of these receivables is subject to priorapproval by Wurth Electronics. The customer’s authority to collect
shall expire with the notification of the assignment to the thirdparty debtor. In the event of a revocation of the authority tocollect, Wurth Electronics may request that the customer disclose
all receivables assigned, as well as the respective debtors' names,
provide all information necessary for collection, provide therelated documents and inform the debtors of the assignment.
6.4 In the event of default of payment on the part of the customer,
Wurth Electronics shall be entitled to rescind the contract without
prejudice to its other rights. The customer must immediately grant
Wurth Electronics, or any third party commissioned by Wurth
Electronics, access to the goods that are subject to retention of
title, surrender such goods and inform Wurth Electronics wherethese goods are located. After a timely warning to such effect,
Wurth Electronics may otherwise dispose of the goods that are
subject to retention of title for the purpose of satisfying its due
claims against the customer.
6.5 Any processing or alterations made by the customer to thegoods which are subject to retention of title shall always bedeemed made on behalf of Wurth Electronics. The customer’s
right to acquire ownership of the goods which are subject toretention of title continues to exist as a right to acquire ownershipof the processed or altered item. If the goods are processed,
combined or mixed with other goods that are not owned by Wurth
Electronics, Wurth Electronics shall acquire a co-ownershipinterest in the new item that is equal to the ratio of the value ofthe goods supplied to the value of the other items processed at
the time of processing. The customer shall store the new items onbehalf of Wurth Electronics. In all other respects, the item createdthrough processing or alteration shall be governed by the sameprovisions as the goods that are subject to retention of title.
6.6 The customer grants Wurth Electronics a security interest forthe purposes of the Personal Property Securities Act 2009 (Cth)Australia ('PPSA') in all goods which are subject to retention of title
under these Conditions, being a purchase money security interestin the goods and their proceeds.
6.7 The customer must:(i) promptly sign any documents and provide all information
reasonably required by Wurth Electronics to register a financing
statement or financing change statement on the PPSR or that
Wurth Electronics may require in connection with suchregistrations;(ii) notify Wurth Electronics in writing of any proposed change to
its name or address at least 7 days before the changes takes
effect;(iii) indemnify, and upon demand reimburse, Wurth Electronics forall expenses incurred in registering a financing statement or
financing change statement on the PPSR, releasing any goods
from a security interest perfected by such registration or any
other action taken by Wurth Electronics to comply with the PPSA
(including complying with a demand given under section 178 of
the PPSA) or to protect its position under the PPSA.
6.8 The customer waives its rights to receive a verification
statement in accordance with section 157 of the PPSA.
6.9 Wurth Electronics is not obliged to give and the customer
waives its rights to receive notices or statements under sections
95 (notice of removal of accession), 121(4) (enforcement of liquid
assets – notice to grantor), 130 (notice of disposal), 132(3)(d)(contents of statement of account after disposal) and 132(4)(statement of account if no disposal) of the PPSA.
6.10 Sections 125, 142 and 143 of the PPSA do not apply to theenforcement of any security interest arising out of these
Conditions or any contract of sale.
6.11 Where Wurth Electronics has rights in addition to those inchapter 4 of the PPSA, those rights will continue to apply and, inparticular, will not be limited by section 123 of the PPSA.
7. Claims for quality defects and liability
7.1 Wurth Electronics shall manufacture its products according to
the state of the art in technology applicable at time of entering
into the contract. Any intended usage that goes beyond thecustomary usage of the products or that requires a quality thatdeviates from the norm, in particular, any usage that is relevant
for safety purposes, for example, aerospace or automobile usage,
must be agreed in advance in writing.
7.2 All implied or imposed guarantees, conditions and warranties
are excluded to the maximum extent permitted by law. Wurth
Electronics will compensate the customer for loss suffered by itas a result of being supplied with goods by Wurth Electronics thathave a Safety Defect, in accordance with Part 3-5 of the AustralianConsumer Law.
7.3The customer must check the delivered goods upon receipt
and notify Wurth Electronics without undue delay and in writing
upon receipt of the goods of any obvious defects and defects that
could be identified during such inspection.
The customer shall inform Wurth Electronics in writing of any
hidden defects without undue delay after they have been
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discovered. The notification shall be deemed without undue delay
if made within two weeks after delivery for obvious defects anddefects that could be identified during a proper inspection or after
discovery in the event of hidden defects; to meet the deadline, thedispatch of the notification or complaint shall suffice. Subject only
to any guarantee or warranty imposed or implied by the AustralianConsumer Law or any legislation which confers a right whichcannot be modified or excluded by agreement, if the customer
fails to carry out a proper inspection and/or notification of thedefects, Wurth Electronics shall not be liable for the defect. Whenreporting defects to Wurth Electronics, the customer must supply
a detailed written description of the defects.
7.4 Unless otherwise agreed, the customer shall be obliged toinitially deliver the goods at its own expense to Wurth Electronics
so that the defects can be examined. The expenses that are
required for the inspection and subsequent remedy, in particulartransportation, travel, labour and material costs shall only beborne by Wurth Electronics if it is determined during theinspection that a defect actually exists and provided these
expenses are not increased due to the fact that the customer took
the goods to a different location than the original delivery address.
Personnel and material costs claimed by the customer in thisconnection shall be charged on the basis of net costs.
7.5 Subject to this clause 7 and to the extent permitted by law, theliability of Wurth Electronics for any defect in goods or services orfor any failure to comply with a consumer guarantee is limited, at
Wurth Electronics option, for goods, to the replacement of thegoods or the supply of equivalent goods, the repair of the goods,
the payment of the cost of replacing the goods or of acquiring
equivalent goods or the payment of the cost of having the goods
repaired and, for services, to the supplying of the services again or
the payment of the cost of having the services supplied again.
Further, to the maximum extent permitted by law, Wurth
Electronics is not liable for any special, indirect, incidental,
punitive, exemplary or other consequential loss, including any lossof revenue, loss of data or lost opportunity incurred by thecustomer in connection with the supply of goods or services undera contract or in tort (including negligence) where such loss is notreasonably foreseeable and does not arise naturally or in the usual
course.
7.6 Claims for defects shall not exist with respect to defects thatare due to natural wear and tear, to improper handling by thecustomer or a third party, or to changes or repairs to the goods
that have been carried out by the customer or a third party in an
improper manner. The same shall apply to defects which can be
attributed to the customer or which arise as a result of technicalreasons other than the original defect. The customer shall, inparticular, comply with the operational, storage and/or
maintenance recommendations provided by Wurth Electronics orthe manufacturer.
7.7 Wurth Electronics shall not be liable for loss or damage forwhich it is not responsible nor for any loss or damage resulting
from any act or omission on the part of the customer, or theemployees, contractors or agents of the customer, in particular, it
shall not be liable for damage that is caused by improper usage or
handling of the products. The customer is obliged to comply withthe operational, storage and/or maintenance recommendations

provided by Wurth Electronics or the manufacturer, to only makeauthorised changes, replace spare parts professionally and use
the consumables that have the necessary specifications. Where
applicable the customer shall, both before and also regularly after
the deliveries have been made or the services have been provided
by Wurth Electronics, perform backups to its computer systems
at sufficiently regular intervals. Wurth Electronics shall assume no
liability for damage which is caused by or can be attributed to abreach of the aforesaid obligations of the customer.
7.8 Subject to Wurth Electronics’ obligations under the AustralianConsumer Law, the limitation period for claims for defects of thecustomer shall be one year, unless the defective good has beenused in its customary manner for a building and this has caused a
defect to the building. The limitation period shall also apply toclaims resulting from a tortious act that are based on a defect of
the goods. The limitation period shall start with the delivery of thegoods. This shall not affect the liability of Wurth Electronics for
Safety Defects pursuant to clause 7.2. If Wurth Electronics makes
a statement with regard to a claim for defects asserted by thecustomer, this shall not be deemed as the start of negotiations
with regard to the claim or the circumstances on which the claim
is based, provided the claim for defects is fully rejected by Wurth
Electronics.
7.9 Notwithstanding any provision of these Conditions to thecontrary, Wurth Electronics goods come with guarantees thatcannot be excluded under the Australian Consumer Law. The
costumer is entitled to a replacement or refund for a major failureand for compensation for any other reasonably foreseeable loss
or damage. The customer is also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable quality
and the failure does not amount to a major failure. Any benefits tothe customer given by the warranties set out in clause 7 of these
Conditions are in addition to the other rights and remedies of thecustomer under the Australian Consumer Law and nothing inthese Conditions operates to exclude, modify or limit theseguarantees.
8. Intellectual property and usage rights relating to softwareand other protected products, information and co-operation
duties
8.1 Unless otherwise provided in the contract or by law, any rights
relating to software or other protected products which aredelivered to the customer or which are produced for the customer,in particular, copyrights, industrial property rights such as,
patents, trademarks and registered designs , shall remain theproperty of Wurth Electronics or the individual proprietor of therights. This shall also apply if the software or any other protected
products are produced according to the specifications of or in cooperation with the customer.
8.2 If Wurth Electronics uses the customer's software, Wurth
Electronics shall only use such software for the contractuallyagreed purpose. If Wurth Electronics requires the source codes forthe software to make contractually agreed changes or remedy
defects, the customer shall provide Wurth Electronics with such
free of charge for use.
8.3 The customer shall only receive a simple right of use to thesoftware and other protected products to such extent as isrequired for the purpose of the contract, unless otherwise
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provided in the contract, in particular, the applicable licencing
terms of the software or an individual licence agreement, or bymandatory statutory law. With regard to software provided by
Wurth Electronics, unless expressly permitted under the contract
or by law, the customer shall in particular be forbidden from
reproducing, distributing, disclosing, changing, translating,extending, making other modifications to and/or decompilingsuch.
8.4 For backup purposes, the customer may create the necessary
backup copies of the software, provided the individual licenceagreement does not contain provisions to the contrary. Backup
copies on moveable data carriers shall be marked as such andshall be endorsed with the copyright notice of the original datacarrier.
8.5 In the event of unlawful use Wurth Electronics and/or third
parties, in particular, the manufacturer of the software or otherprotected products, reserve the right to assert claims forcompensation.
8.6 In the event that a third party alleges it has a claim whichconflicts with the right of use granted to the customer, thecustomer shall inform Wurth Electronics without undue delay inwriting. The notification shall also include information as towhether the customer has changed the software or the productor combined such with other software and whether this, from thecustomer's perspective, could justify the third party's claim. If so
requested by Wurth Electronics, the customer shall allow Wurth
Electronics to handle the defence against these claims and, to theextent permissible and possible, shall allow Wurth Electronics torepresent the customer or shall conduct the defence itself as
instructed by Wurth Electronics. Up until receiving notification as
to whether Wurth Electronics will deal with the defence, thecustomer shall not acknowledge or enter into a settlementagreement regarding the alleged claims of the third party without
the express approval of Wurth Electronics. If Wurth Electronics
deals with the defence, this obligation shall continue to apply. In
addition, the customer shall support Wurth Electronics in its
defence, if this is required for an appropriate defence. In return,
Wurth Electronics shall indemnify and hold the customer
harmless against any necessary external costs and any third party
compensation claims and claims for reimbursement of expenses
resulting from the defence, provided these can be attributed to
the fault of Wurth Electronics. In the event that Wurth Electronics
does not deal with the defence, the customer shall be entitled todefend itself at its own discretion. If existing third party claims
cannot be attributed to the fault of Wurth Electronics, thecustomer shall not be entitled to assert claims against Wurth
Electronics.
8.7 Wurth Electronics shall also be entitled with regard to title
defects relating to software to attempt remedy, if Wurth
Electronics so chooses. In all other respects, the statutory
provisions for consumer guarantees for title defects with regard
to software shall apply irrespective of whether Wurth Electronics
is dealing with the defence against third party claims under clause
8.6 of these Conditions, however, with the following exceptions:(i) for the recovery of data, Wurth Electronics shall only be liable
insofar as the loss of data would also have occurred if thecustomer had carried out the usual backups; (ii) clause 7.4 of these

Conditions applies accordingly.
9. Product liability
9.1 The customer shall not modify the goods; in particular, thecustomer shall not modify or remove existing warnings relating torisks by improperly using the goods. If this duty is violated, thecustomer must inter partes indemnify and hold Wurth Electronics
harmless from and against any product liability claims of third
parties to the extent that the customer is responsible for thedefect giving rise to liability.
9.2 If Wurth Electronics has to carry out a product recall or issue a
product warning because of a product defect to the goods, thecustomer shall assist Wurth Electronics and take all measuresordered by Wurth Electronics, provided that these do not pose an
unreasonable burden to the customer. Wurth Electronics will be
responsible for the costs of transport, repairs or replacement for
the goods recalled. However, the customer shall be obliged to bear
the costs of the product recall or product warning if the customer
is responsible for the product defect and the damage sustained.
This does not affect any further claims of Wurth Electronics.
9.3 The customer shall inform Wurth Electronics without undue
delay in writing of any risks in the use of the goods and any
possible product defects of which the customer becomes aware.
10. Force majeure10.1 If Wurth Electronics is prevented by a force majeure eventfrom performing its contractual obligations, in particular fromdelivering the goods, Wurth Electronics shall be released from its
obligation to perform for the duration of the impediment and for areasonable start-up period without being liable to the customer
for damages. . A force majeure event includes any cause beyond
the control of Wurth Electronics, including strike, industrial action,
war, sabotage, terrorist activity, national emergency, blockade or
governmental action, inaction or request, and act of God. The
same shall apply if the performance of its obligations by Wurth
Electronics becomes unreasonably complicated or temporarily
impossible because of unforeseeable circumstances for which
Wurth Electronics is not responsible, in particular, because ofindustrial action, official acts, energy shortages, delivery problemson the part of suppliers, or major disruptions of operations.
10.2 Wurth Electronics shall have the right to rescind the contract
if such an impediment continues for more than three months andif, as a result of such impediment, the performance of the contract
is no longer of interest to Wurth Electronics. At the request of thecustomer, Wurth Electronics shall declare after the expiry of theaforesaid three-month period whether it intends to make use of
its right to rescind the contract or whether it intends to deliver the
goods within a reasonable period of time.
11. Data protection and confidentiality
11.1 The customer is instructed by Wurth Electronics that thedata recorded during the course of entering into the contract may
be collected, processed and used by Wurth Electronics inaccordance with the provisions of the Privacy Act 1988 (Cth) forthe purpose of fulfilling its obligations under the contracts enteredinto with the customer. Such data may also be transmitted toaffiliated companies of Wurth Electronics or vicarious agents forthe purposes of fulfilling the contract and for credit investigations.
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11.2 The customer shall be obliged for an unlimited period of time
to maintain the confidentiality of any and all information received
through Wurth Electronics which is stated to be confidential or
which due to other circumstances can be identified as a trade orbusiness secret; the customer may neither record nor disclose or
use any such information. The customer must ensure by meansof suitable contractual agreements with its employees and thoseagents working on its behalf that such persons also refrain for an
unlimited period of time from any use, disclosure andunauthorised recording of such trade and business secrets fortheir own purposes.
12. Final provisions
12.1 Any rights and obligations of the customer may only be
assigned or transferred to a third party with the written consent
of Wurth Electronics.
12.2 The legal relations between the customer and Wurth
Electronics shall be governed by the laws of Victoria, without
regard to the United Nations Convention on Contracts for theInternational Sale of Goods (CISG).
12.3 Exclusive place of jurisdiction for all disputes arising from thebusiness relationship between Wurth Electronics and thecustomer shall be the registered office of Wurth Electronics.
Wurth Electronics may in addition sue the customer at the latter’s
registered office, as well as at any other permissible place ofjurisdiction.
12.4 The place of performance for any and all obligations to be
performed by the customer and by Wurth Electronics shall be theregistered office of Wurth Electronics.
12.5 If a provision of this agreement is or becomes invalid or
unenforceable in whole or in part, it is to be read down or severed
to the extent of the invalidity or unenforceability and it does notaffect the validity or enforceability of the remaining provisions.
Environmental declaration
Wurth Electronics is committed to people and the environment.
Therefore, we undertake to manufacture our products in a mannerthat conserves resources and to systematically realise any
potential for saving energy in manufacturing processes and intransportation. We pay close attention to ecological alternatives
as concerns the selection of sources of energy and raw materials
and pursue a consistent policy of waste reduction and productrecycling.

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