II. Prices and terms of payment

1. Our prices are ex works in €, plus possible installation costs, as well as applicable VAT.

2. We shall be authorised to increase list prices after conclusion of the purchase contract, if the prices for material and/or wages/salaries increase in the period between conclusion of the contract and delivery, or if there is a period of more than four months between purchase order and delivery schedule.

3. In the absence of an agreement to the contrary our invoices shall be due and payable in full, net cash, without discount of any kind at delivery or acceptance.

4. Without further declaration on our part purchaser shall be deemed to be in arrears if payment has not been received 10 days after the due date.

5. If defects are present purchaser shall not be entitled to withhold payment unless the delivery is clearly defective, or unless purchaser clearly has a right to refuse acceptance of the work. In these cases purchaser shall only be authorised to withhold payment if the amount withheld is in an appropriate relationship to the defects and to the presumable costs of supplemental performance, primarily through repair. Purchaser shall not be authorised to legally assert claims and rights due to defects, if purchaser has not honoured his payment obligations that are due, and if the amount due, including any payments made, is in an appropriate relationship to the value of the delivery or work that exhibits defects.6. The purchaser shall only offset with such receivables that are undisputed or that are legally enforceable.

III. Delivery time/delayed delivery

1. Information relative to delivery times is nonbinding. The prerequisite for compliance with the delivery period shall be fulfilment of purchaser's contractual obligations. Delivery periods shall start when the contract is concluded at the earliest, however delivery periods shall not start not unless there is complete provision of documents, releases, technical clarifications, etc. that purchaser is obligated to provide. Retroactive requests for modification or supplementation extend the delivery period accordingly. The period is deemed to be complied with if the delivery item has left our plant by the date on which the delivery period expires, or if we have communicated our readiness to ship, should the goods not be sent at the proper through no fault of TGU. Likewise a delivery period shall be appropriately extended if unforeseen events or force majeure occurs.

2. If there is a delay in delivery for which we are responsible, then after a written reminder, purchaser can specify an additional appropriate period, with the statement that purchaser shall refuse acceptance of the object of the contract upon expiration of said period. Purchaser shall be authorised to withdraw from the contract by providing written declaration only after fruitless expiration of the subsequent period, and all other legal requirements. If purchaser withdraws from the contract, then purchaser shall have no right to demand damages for non-fulfilment. In all other regards the provisions set forth in number Roman numeral VI no. 9 shall apply.