BLASER SWISSLUBE AG, SWITZERLAND, GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND SERVICES

1. General
Unless explicitly otherwise agreed between us andour customer (“Customer”) in writing, these terms
and conditions as set out herein apply for all ourdeliveries of products and services (“Deliverables”).
The relevant laws and regulations of Switzerland
will apply if a subject is not covered by special or
general terms and conditions.
In any event, acceptance of the Deliverables shallbe deemed as the unconditional acceptance of thepresent General Terms and Conditions of Sale,
Delivery and/or Services.
Any purchasing conditions of the buyer are nonbinding to our Deliverables even when we have notexpressly protested them.
Without our prior written consent to the contrary,
the customer is not allowed to actively andcommercially re-sell our products and to give theimpression to act as a sales representative, adistributor or the like of Blaser. If the products arepurchased for group companies, the applicableforeign trade regulations and trade sanctions must
be strictly complied with.
The term “services” shall include both services ofour company (“Blaser”) and/or any company of theBlaser Group (collectively “Blaser”, “us”, “we”)
related to this contract.
2. Order, Prices and Payment
Nature and scope of the Deliverables owed, andthe price therefore, are exclusively defined in our
written offer accepted by the Customer, or in theCustomer’s order confirmed in writing by us.
Changes and amendments of the scope ofperformance shall be binding only in written form
signed by Blaser.
Unless otherwise noted and to the extent
admissible by law, taxes (if any) are not included in
the price, and invoices shall be fully payable within
30 days after delivery, i.e. without any deduction.
3. Packaging
Unless otherwise agreed, we invoice for packaging
at cost and shall have no obligation to accept
returned packaging. Boxes, palettes, etc. are
invoiced separately and are credited to theCustomer when returned in good and reusablecondition at Customer’s expense.
4. Shipping, Costs & Tariffs
All increases in rates and fees, such astransportation, insurance costs, customs duties,
etc., that are incurred after the signing of thecontract will be charged to the Customer, even if
we undertook the transportation, the insurance, thepayment of customs duties etc. Decreases in rates
and fees will be credited to the Customer.
Any delivery of service shall be deemed to be
accepted at the payment of the invoice at the latest.
5. Force Majeure
We shall not be in default and not liable for a failure
to perform any of our obligations if such failure wasdue to an impediment beyond our or ourcontractors, vendors, suppliers or subcontractors
control, including but not limited to: acts of God,total or partial destruction of the production plant orsite, shortages, conditions of war, mobilization,insurrection or civil disturbance, revolution, acts ofgovernment in either their sovereign or contractual
capacity, fire, epidemics, quarantine restrictions,
unusual severe weather conditions, embargoes ortrade restrictions or any other cases which areconsidered as Force Majeure according to theinternational practice.
6. Examination and Acceptance of Deliverables
General Terms and Conditions Version September 2015

The Deliverables must be examined by theCustomer upon their delivery and in any event atthe latest before use or processing. Any claims
regarding the weight, quantity or nature of theDeliverables shall only be valid if they are notified
to us in writing within eight (8) days after receipt or
acceptance of services, and if we are granted
access to and have examined the Deliverables on
the site.
In case the Customer fails to perform such examination, we shall be excused of any liability to theextent permissible by law.
7. Payment Delays
In case the Customer defaults on the payment for
Deliverables for whatever reason or becomesinsolvent, all payments shall be, regardless of any
payment terms to the contrary, due for immediatepayment and may be called in by us without delay.
In addition, without any obligation to prior notification of the Customer, we shall be entitled tosuspend its performance or to terminate thecontract with immediate effect. Our rights to claim
damages, in particular the cost of collection, and tocharge interest on overdue sums is expresslyreserved. Also, we shall be entitled to immediately
terminate all orders, which have been confirmed tothe Customer.
8.
Intellectual Property, Licenses andApprovals
All right, title and interest in and to all patents,
trademarks, trade secrets, know-how and otherintellectual property rights related to theDeliverables or Blaser shall remain solely andexclusively with Blaser. Customer shall not modify,
reverse engineer, design around, replicate, orcreate derivative works based on the Deliverables.
Customer shall obtain all necessary import licenses
and government approvals and shall comply withall applicable laws, rules and regulations including
those that govern or affect the ordering, export,
diversion,
trade,
use,shipment,import,transportation, storage or delivery of theDeliverables.
9. Blaser’s Liability
Upon Customer’s due notification in writing,Blaser’s sole liability and obligation and theCustomer’s exclusive right and remedy under thislimited warranty is the repair or replacement, at
Blaser’s sole option, of Deliverables not conforming
to the product specification and within the limitation
set forth below. Blaser shall not have any liability orobligation under this warranty for defects that are
not identified within the warranty period.
THIS WARRANTY IS IN LIEU OF ANDEXCLUDES ALL OTHER WARRANTIES NOTEXPRESSLY SET FORTH HEREIN, WHETHEREXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON-INFRINGEMENT AND
CONFORMANCE TO THE CUSTOMER’S SPECIFICATIONS. The limited warranty does not apply(i) to consumable materials that are designed todiminish over time, (ii) to damage caused by use
with another product, (iii) to damage caused byabnormal or unusual physical or electrical stress orenvironmental conditions, accident, abuse, misuse,fire, earthquake or other external cause or bynegligent or improper handling or operation, (iv) toa Deliverable that has been modified without thewritten permission of Blaser or (v) if the Deliverable
has not been used or maintained in accordancewith instructions made available by Blaser.

BLASER’S AGGREGATE LIABILITY TO CUSTOMER (WHETHER BASED IN CONTRACT, TORTOR OTHERWISE) IS LIMITED TO 50% OF THE
PURCHASE PRICE AMOUNT PAID FOR THE
DELIVERABLES BY THE CUSTOMER.
Where we have replaced the products or remedied
the services, to the fullest extent permitted by law,
there shall be no further remedies or claims against
Blaser. In particular, the Customer has no right toterminate the contract, ask for reduction of price orrecover any compensation or damages, such ascompensationforany
special,actual,consequential, punitive, incidental or indirect
damages, or any loss of profit, revenue, business,
goodwill, reputation or data based upon our nonperformance or breach of any of our obligations,
whether based in contract, tort, or otherwise, evenif we have been advised of the possibility of suchpotential loss or damage. THE PARTIES AGREE
THAT THESE LIMITATIONS OF LIABILITY AREAGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR
BLASER’S SALE OF DELIVERABLES TO CUSTOMER AND SUCH LIMITATIONS WILL APPLYNOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LIABILITIES.
The mandatory regulations of the relevant laws andregulations of Product Liability Act and other actsare reserved.
Subject to the applicable laws, oral statements ofour personnel shall not be deemed to constituteexpress of implied representations or warranties by
us relating to the specific use of Deliverables andshall in no event be binding upon us.
To the fullest extent permitted by law, we shall not
be liable for damages resulting from violation ofoperating instructions set forth by us or due toimproper implementation of the results of theservices.
10. Place of performance, Venue and applicablelaw
Exclusive place of performance shall be HasleRüeggsau / Switzerland
Exclusive place of jurisdiction for all disputes andproceedings between the parties arising out of or inconnection with these Terms and Conditions ofSale, Delivery and/or Services shall be HasleRüeggsau / Switzerland.
All legal relationships between the Customer andBlaser shall be subject to the laws of Switzerland.
The United Nations Convention on Contracts for
the International Sale of Goods of 11 April, 1980(CISG) shall not apply.
11. Sundries
Modifications or amendments to the General Termsand Conditions of Sale, Delivery and/or Services
shall be binding only if mutually agreed to by us
and the Customer in written form.
These General Terms and Conditions of Sale,
Delivery and/or Services, together with our offer,constitute the entire agreement with the Customer
and supersede all prior agreements, statements,representations and understandings, whether oral
or written, with respect to the subject matter hereof
and thereof.