@ DICHTOMATIK THE CUSTOMER'S ATTENTION IS DRAWN TO THESE REVISED TERMS DATED MARCH 2010 AND IN PARTICULAR TO THE PROVISIONS OF CLAUSE. 1. Gonerat 1) Dieematk Liitod (ort rteredto as "wo", us" and “our only ses ard deliver products on the basis of he ‘olowng concitone Thess apply foal our oes, consults and her commer endeavours. Ary other coraiion ‘ought by you Ie customer (nerinale eeed io you" and "you", whether 1 wing veal, shall lta efector bein any way rnlng upon us uness we expressly cont our acceptance ofthat conciben in wring 2} Our quotations do nt give rise to any oblaaton for us to supp any products and thereore do nal have any binding elec. ‘Neortra! for ust supp preducts does nel come ino elles ané become binding 08 Us Unl express contmation af Our scceplorce ofthe relevant product Gas ssuea mn wing 8} Any meuise manufactures at your request shall temsin 9 propady even you have made proata baie othe tol cet of ther manila, 4) When celveing any products 0 you. a folrance onthe original order quartiy of plus or minus 10% is permissbe in ‘cordance wih somal manufacturing practise m ouringusty 5) Unless athernse express agrod by us in wring, we deter al products on an Ex Works basis. As such any products you have ordered wil be deemedto have been delvered to you, andthe nik mn those products wl alas pass to you, when {ho olevant products ae colcted by the apcabo freight orwarer, cao or posal conve, even inthe event of he products being delvere on carriage pass Soivery ler financial contribution ona 2._Dolivery and terms tor delivery 1} Our prose! devery lead times ae reninding estimates ony, unless we have expressly conte a binding fined lver lassie in wing fr any prege's, and begh on rom te Gale we Issue egress confimaton of our accaptance ff he relevant prosut order in wring. bu rot boar al datas of th cena fo supply the relevant producs are completly Claiieg. Part deivenes of ary prods ordered are perme, Our Gelner dbsgeions under ths eonaton 2 ave subject ‘ways toe conten thal we re supped wih source materi er he proausts othe products thomsales corocty an fon ime by eur relevant suppiers ard we shal not be late for any daly In daiver of orale o dover, any products arising rom any fare by any of cur suppters 0 60 so 2} Our prosuct Geivory ead-imes wil be exended othe period of any evet of force majeure, including (without brtaton) any our dspules,stkes or lckouts oan other occurence bayond our convo thal event preven nGers oF delays the manufacture or debvery of tne products m question. We shal nat be later ary breach of contacto Inabiy fo porto any four ebigabors under these condions caused by any evert of force majeure, even f hat evert occurs whi we aren fal of any incr fhe covery loac-ime 3. Payment Conditions 1} We rasa the rah, by giving written rotice fo yu al ary tre botredalvery one products to neroase the price ‘aya forthe preducs to atest any increas inthe cost ous of suppying the roduc ha is duet any factor beyond out ‘ona (such as, wihou maton foreign exchange fuctuaion, curency regulation, aeraion of dues or significant, Increases n the coat ofthe labour, mato, increased coats of supply enfocod by any ol ou” supa or ether costs of manufacture), ary change nthe dalvery cals or quanti ofthe products thal ave requested by you or ary Goiay causod by {our iene be yourtaive fo ge Us adogva Inlomaton or metuctons riereased costs apy enforced by Inve ary suppliers. 2} Uniaes otherwise expressly agreed by us in wring, ay niece fo any prods erdore8 by you 8 payable by you wohin ‘30 aays from tne end a the month n whch te relevant products were detvered under conan 1(5) above. Your payment of fany such voice must cover the tulivoie value, ee ofa applicable bank charges 43)tf payment of any invoice has rot been efleced or has ory been parialy ected by you beloe exp ofthe relevant 30 ‘ay period uncer candton (2) above, we esrve the right To charge you Interest on the oxtsanaing amount atthe aloo 22. over and above he Bank of Enlarc's bace lending rate or 7% par annum, whenoverie greater Exerleng ti right & ‘without prejudice fo our rg fo eeak damages for your broach of canton 3(2) and any oheenghis arc emecies avalane 10 1 noapect of such breach under these condor, a aw orn equty. Inthe event of any beach of cancion (2), we are tented to restr ne coreract for Supply a the products fr which fl actively payment has net ben received o oly Uncenake futher product delveres aga: por payrert fom you or some ote orn of secuTyaccoptatie 10 Us 4) You shal not bo ertited to wiold any payment oo exerelse any ight of seo agar! ary aroun payable by You luncer these conditons. 4. Retention of Tite 4) Tein ny proctsdeliveradte you shall sin veetadin ue and shal nt pass to you ul yeu have ade payment fulto us of a sums dus ous () i respect of thse products, (i) i respect of any othe products delivered or otherwise Under these condtons ard a) under ay ather contracts between you and us. Uni such time as we have received al such Sams, he products questor must net be pledged in ary way by you or Warsforr as secur, you must imediaely inform us inthe even cf any attachment fo empouncing fe products or anyother equvaln or simlay measures boing implemented by ary td party and you shal be ible fr al actone o intervention ard arsocates cst. 2} For oolong ate nary products rman vest nus under condsion #1) above: (i) wo shal beat boty at anytime to ‘etake pessossion of thosaprocucs an, fora! purpese, You gant uz, our ages and employoos an revocable leence at ‘ny time fo enor any premises whore te products ae or ay Be sired: ana (i) you shal nsufe nose posucts inthe int ‘names of you ard us. prt the passing of lan any seh product 0 you, you shal make any again oF aeration To tose preaucs or processor Incorporate hem inner goods or equiomert, ownership of hose roduc, as added to alerod, processed or incorporated, shal emai ours. Shouc you dspose of any such produc, iespecive ol thei sae, YoU hereby.) as0ign To us (by acceptance ofthese conators) al cams and arcily rights you may ebtan by reason of Such asposa, such assignment being imate o (bulking procadence over al other nigh) the proportional amount of cur ‘epoca elim fo thoeo products (ceresponding to the pice paid by you Tore products disposed of when you oblaned ‘hom from us| ana i) uraortake tor your csteme’s, ype our raques ofthis assignment ana to give us al infomation {ard deeuments required for us fo clam, exereise ard enforce our rights agaist your customers. ad you shal only be ented {ocalet the resale pree ablainad Tor dsposng of such produc fe, In our sole dlszeon, do ot revoke such enter5) any preects in which tit romaine vested in us under contin 4!) above ae dovered in a courtry whose aus donot, ‘rin resets way, alow reservation o! propery, then you af obiged to: () prove us with at necessary secures permissible in he respectwa cour: i) undertaks al necossary measures fo" he vad reservation of property (suchas ‘ex)staton:and (i) secure hese ffs ane pemisite scutes inthe respective coursry. inthe ever he value hese Secures nthe nirely exceeds ob respecive darn ove the products by mor than 20%, wo shal (at your request) ‘eleas0 such o these socutbes as wo Inout sce dacreton consider appropiate To reduce the value the remain Securtioe in tol enlrly 10 120% o ess of or respocive clam. 4) The fregcing provisions of his condion 4 Go notin any way impade or affect the passing of the riskin any products under ‘ondtion 18) above 5. Defects in Products 1) Our tactrsalconsilaons and quotations are worked out withthe uimos! iigence aking ito consideration al levant parameters and ercumstarces known tous athe tne of doing So. All out recommendations forthe use O any rode! re fven mh the beste such Knowledge. AS such, except where wo have expressly guaranteed in wing the sutabily of any ‘Given product fra parteuar purpose or use, we cannot give any quaranee as to the subi cf any produce for any given tse or prpote doef he esope ané verity of applaton of such produce, he cern! roquromons thoy are osigne fo mee! arc he breadth of naividualcreumstances m which such products are apple or employes. You are theelere reeued Tost, test and determine the sutabity of ary of out products for ary proposed purpose oF use and, subject 0 condton4(3), make such lchncal or her maces io hose roduc a are necessary or or Broposed purpose oF ‘se, Please nate hal the German Indust! serdar DIN 7716 (5.82) applias to ou storage of elastomer arises 2} We shall ‘al be lable or any clam for any product elect (including any faiure bya producto sais aparicular purpose or use tha ‘te have ueranteed in wring) (you do aot hapect the proditsiimecisiay ater ara at har plage of estnaton end, Uriess tho cofect ony banomes recognisable upon use othe products other incorporation ito Pet equipment, lat using {he producs or incorporate the products ini ether equipment i) the delet resus rom or hasbeen caused by ary ‘oaiestion you rave made to tne products or you" use of he pours wih any other goo or equprent tha we have Not rovousy auras o approved in wing for Such pupose or Use: your oe a those recut, or he mu OF Eombinatin of those products wth any other goods or equpmert, does nol cease Fnmedaely Upon your discovery of he Sete or) resuling om fa wear and earn the course o te pated purpose rin he Greumstances fr whch those produc ae being use. 5) Ary la in rlaon‘o:() any defect in any products that becomes apparant aftr an inspection in accordance wih ‘onaton 5(2} ean ely bo rBcogrieed by us te roprtd to s by air or fax no later han 14 cays ator ho arrival of those products thar lace of cestinaion, 0”) any den defect wrich Becomes apparent afer use the proaucts wih sry Suthorsed er approved goods or squpren canon be recogrized by us ts fepxied by le ffx no ater than 1 eth fer the aval of those products a het place o! destination and, ony then, fs reported witin 1 week of iscovey. Inne ‘case o any cam recognised by vs unde his conion 5), you must alow us fo have the producs in question tobe Inspected by an indgpendert expen, or mmediataly provide us wih te cpporunly fox such inspec fo be cared ot on "uicent samples of the procuets n question, for independent veeieaon ol te leet £2) Winer under condion S(2), any dele! mary product ndepandenty verted, your solo remedy unless otharwse ‘Spreealy agred by usin wring) shal be our replacement, ae of charge, of he detechve precuct, we do not ralace the ‘Selecive precuits mina reakonable time or pviormance o sch remedy is impose ores by vs, you sia be ‘ented to") clam a Proporeenate reduction m pace pa for he reds or terminate he contract ana Seek ‘compensation uncer condtion 62). '5) Save as exressy oe oun theze conor ll warranties relating to the rocks, whelher expxess, pled, slauory or ‘lnernse, we heey excluded tothe fullest exter” permit by aw 6) “The warantes given under te causa & doesnot exter 9 DuPont or any aor party branded pats, mater or products, nreepec! of wtih you shal ony be ertiled to tho beri of sry waranty or quaranteo se gwen by tho elvan ‘ranifaciuer tous and subj! o ary forms and conatins tha ate applied thereto by such manufacturer Whore we Supply [DuPont or any cher hie party branded ans, matarals products, we stllendeavour 19 Wansfor fo you the benef of any such wartarty or Quarantoo gven tous “7 vinere we supply DuPont products fo you we speciicaly refer you 10 he information furnished by DuPont in relation to those preducs tht we may have previously suppiodte you as Part ur quotation process and which, many ever, avalable droct trom DuPent andlor the website of DuPont. 6 Liability 5} Nanning in these cantons shalin any way exude or lent our ably fi) death or personal ny resulting Hom our regigerco any aus or ravaulen merepresertation, oi) any one loss or éamage tat cannot be excluded ot ed bylaw. 2) SUBJECT TO CONDITION 6(1) ABOVE AND UNLESS OTHERWISE EXPRESSLY AGREED BY US IN WRITING, OUR ENTIRE LIABILITY IN RESPECT OF ANY PRODUCT DEFECT OR DELIVERY DELAY OR ANY BREACH OF ‘CONTRACT, MISREPRESENTATION OR TORTIOUS ACT OR OMISSION NCLUDING NEGLIGENCE) SHALL, IN THE ‘CASE OF ALLCLAIMS OR SERIES OF CONNECTED CLAIMS, BE LIMITED TO DAMAGES NOT EXCEEDING THE PURCHASE PRICE OF THE PRODUCTS THAT HAVE GIVEN RISE TO SUCH LIABILITY OR IN CONNECTION WITH WHICH SUCH LIABILITY HAS ARISEN, 3) SUBJECT TO CONDITION 6(1) ABOVE, IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS FOR: () LOSS OF PROFITS, BUSINESS, CONTRACTS, REVENUE, ANTICIPATED SAVINGS OR GOODWILL OF ANY OTHER ECONOMIC. ‘LOSS; OR (@) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OF DAMAGE; WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN ‘TORT OR OTHERWISE. 4) Ou ial in respect of DuPont or any othr thr party branded products is tite to he amount hal we are able o recover irom DuPont or ine relevant tha ary. whch may be sunject to ltatve governing aw and lurisdcon and any ‘ther cortactal ar the terms Pal govern cu elaorship wih thal hrs pary. Further we shal have ro labiy whatsoever in respect of ary technical information furished by us or any thd ary in respect of any products that we supply and you acknewledge that such ivermation i ivended or use by person having letricalskil and that is ven ard accepled by yous yourown risk 7. Place ot Perlormance, Place of Jurisdetion, Law applicable1) The place of performance fr produc dlvry and payrnet undo hase condeans § Donington House, Riverside Road re Park, Derby DEZE BHX, 2) These condiions and any cotraclbeteen you and us shal be governed by English aw and bath ol us hereby suomi 10 the norresclusivejuisdction of th Engish cous. We ae eit, al ou” sola disreton, o nite legal proceedings In eny ‘court of law hal has json over yout man place of business 3) The ICC Incoterms 2000 (as arnended trom tna oie} Sppy to these conctons, {1 Naihor te corral botwoen you and us ner any of theee condone creates any right enforceable by any third party under tho Contracts (Rignis of Tra Pars) Act 1988, 5} any of tnese conations helo be or bacemes voi, legal, inva or ureréoreable for any reason the appcaion and the valty of he contract Between you and us a othe resto ihese conlons shal remain unsfecec arch 2010DICHTOMATIK Any sel. Any time. a brand of 9M FREUDENBERGCORPORATE POLICY Aspartof Freudenberg Sealing Technolo- 2 This corporate policy is inline with {ies GmbH & Co.KG, we are responsible tothe Freudenberg Group and its share holders. For this reason, the principles ofthe Freudenberg groupof companies (nttps://wwrn ft com/company/guid- ing-prineiples) largely determine our actions and our company policy. 2 Safeguarding the existence of the company is the predominant task of the management board and ex ‘ecutives of DICHTOMATIK, Our en- ‘repreneurial and operational actions and measures therefore focus on continually improving quality, tak- ing economic criteria into account. In the process, a major goal of our policy isto fulfil the requirements agreed-upon with our customers in a timely, error-free and economical manner by means of fast, flexible coordination with customers and ‘suppliers, which may include an ‘evaluation of individual products in tetms of vatious risks, and therewith ‘toachievelong:term customer satis faction BUSINESS PRINCIPLES 1 The use of our products in certain goods can violate our internal com- pany principles. ICHTOMATIKstrict- Iy refrains from providing products for use in nuclear plants, ‘weapons or weapon systems or + extremely critical applications. 2 Werule out the delivery of products that serve a military purpose in any formor that violate (country-specific ‘or personal) embargoes. We are not involved in businesses where illegal forunethical mearsareemployed We ‘also do not support the delivery of products for use in goods that can be ‘employed for torture or other cruel, inhumane or humiliating treatment (oF punishment in accordance with anti-torture regulations 2 In accordance with the provisions of German foreign trade law, DICHTOMATIK does not violate any prohibitions; nar does it operate or support any businesses subject to reguiatory approval rational and international ows and ordinances. DICHTOMATIK is com ‘mitted to compliance with laws, o- dinances, particularly with respect to occupational safety, environmental protection as well as import and ex- port regulations, Based on our policy objectives willbe set that take into consideration legal principles, relevant environmental as- pects, risk assessment, technological ‘options and financial operational and ‘commercial boundary conditions as. \wellasthe views of interested parties (customers, community the political world, investors, etc) Within the continuous improvement tolncrease the efficiency of business processes, stil other aspects will be ‘taken into account: the preservation ‘of natural resources and the use of machines and equipment in such a way that environmental influences wil be minimized, while taking eco nomic factors into consideration, ‘The responsible handing of the en- vironment and the safety of our employees are significant company [goals and must not belimited tothe barely sufficient fulfilment of the appropriate laws. As part of Freudenberg Sealing Technologies GmbH & Co.KG, we also craw onthe busines principles ofthe Freudenberg Group (ttp// vwwvfreudenberscom/en/Press/ Pages/Publkationen asp) 4 The stated goals require the com pany’s employees to be aware of how they can indirectly and directly contribute to quality assurance, en- vironmental protection, occupational safety and workflow optimization and their individual responsibilities with respect tothe quality, environ: ‘mental impact and safety of their ‘work and consequently fr the imple~ mentation of management system specifications. 5. With respect to the various work- flows allocated between upstream and downstream centers (internal customers), special emphasis must also be placed on fulfilling expecta- tions and requirements correspond- ing to those of external customers ‘Creating this awareness sthe upper- most task of the management. 6 An integral part ofthese goals isthe social accountability of the compa y's management to provide employ- ees with work at conditions in fine with the times, anincome inline with their performance, professional de velopment and advancement while ensuring their personal welfareDICHTOMATIK Any seal. Any time. abrand of 97M FREUDENBERG