I. Area of Application
These general business conditions apply to all bids, purchases and supplies as long as nothing deviating is agreed and has been agreed to in writing by us. Business conditions of the customers are only applicable if we have agreed to those in writing. The order or acceptance of goods demonstrates the customer's acceptance of the obligatory nature of the sale conditions of RPK TEC.
Verbal statements which contain an additional obligation for RPK TEC
are only binding for us if they have been confirmed in writing.

II. Contract Conclusion, Price
For the scope of supplies or services, mutual declarations apply. All offers from RPK TEC are non-binding recommendations and are subject to change. The contract only applies as closed with the sending of a written contract confirmation by RPK TEC. The written contract confirmation serves as proof of the contents of the closed contract. The prices are understood as net without any addition. In the absence of other agreements, all orders will be calculated according to our costing. All fees public charges, additional taxes, rates and their increases which directly or indirectly apply to supply, and make them more expensive, are to be paid by the customer. All agreements, amendments to these business conditions or side agreements to this, including agreements from employees of RPK TEC, are required to be in writing in order to be legally binding. This also applies to exceptions to the obligation to be in the written form.

III. Payment Conditions
Payments are basically to be made in Euros, plus legally-applicable value added tax. Our invoices are payable within 30 days after their date of issuance without any discounts. If the purchaser is delayed in payment we have the right to levy interest on the delay in the amount of 5% over the respective three-month Euribor rate in the invoice; claims for higher interest rates are not hereby affected.
If the customer experiences significant deterioration in its financial circumstances, or should the customer delay its payment, we are entitled for all outstanding deliveries to request prepayment or other security. If these demands are not met, we have the right to withdraw from the contract. Already produced goods can be charged in the case of payment delay, and stored at the expense of the orderer, in which case the goods will be invoiced as delivered. The acceptance of checks or exchange is reserved, and will only be accepted as fulfillment if all associated costs are borne by the customer. This applies as paid only after redemption by the drawer of the funds.

IV. Delivery, Force Majeure
The place of fulfillment is the site of our supply factor. Shipping is done at the expense and risk of the customer. As long as the customer does not prescribe it, we are free to choose the rout of shipping, the type of transport and the type of packaging in our best opinion, however without warranty. We will notify of the delivery periods without warranty. This time period begins after receipt of the order and all of the necessary documents needed to execute the order. The announcement of readiness for shipping is the time period at which the delivery period counts as met. For on-call contracts, there is at least an agreed or reasonable completion date for delivery and acceptance.
Agreed deadlines are adhered to under the condition of normal operating procedures. In cases of Force Majeure, strikes, lockouts, material supply problems, malfunctions of any kind as well as other unforeseeable events which occur at RPK TEC or a subcontractor, we are released from any delivery obligations undertaken. In such cases, RPK TEC has the right to request an appropriate extension, or withdraw partially or totally from the not yet fulfilled portions of the order. Such delays do not grant the right to the customer to avoid acceptance or authorize payments for any costs resulting therefrom. The customer especially does not have the right to demand the payment of penalties agreed with third parties in the case of delivery delays by us. If the delivery date specified by RPK TEC is delayed by more than 4 months, the customer is only entitled, after granting a grace period of one month, to withdraw from the contract. For on-call contracts, there is at least an agreed or reasonable
completion date for delivery and acceptance.

V. Ownership Retention
The goods delivered remain in our ownership until the complete payment of all of the still open claims established in our business relationship (purchase price, interest, costs, fees, etc.). If there is seizure or claims by third parties, the contractual party is obligated to advise of RPK TEC's ownership and ensure that this fact is immediately understood. If the delivered goods are delivered to a third party before they are paid for, RPK TEC retains all claims to the payments of the third party. To this end, the Party renounces herewith already at this point its claims to the third party with all side rights to RPK TEC, so that with the placement of this claim, no special transfer act is needed. The Party is obligated to note these cessions in its books. We have the right to declare this obligation the respective rights with third parties at any time. This prior assignment contains no sale authorization to the contractual Party; the agreed ownership reservation remains hereby unimpaired. A sale of the so-delivered goods can therefore only be made with the explicit transfer of the ownership reservation. For further processing of the delivered goods in ordinary business operation, we acquire within the context of the ownership reservation partial ownership of the final product.

VI. Guarantees, Damages
1. Conditional Properties:
All supplies and services correspond to the deviations agreed in writing of the originally written agreement are only valid as agreed if these have also been agreed in writing. A deviation from this written for clause is only possible if made in writing.
Unclear formulations of explicitly conditional characteristics are the responsibility of the customer. The examination of whether a product is applicable for a specific user area is the responsibility of the customer. RPK TEC has no liability for data in brochures or advertising materials or for information taken from third parties.

2. Complaints:
The goods are to be inspected immediately upon delivery. Any defects established at that point are to be communicated immediately to RPK TEC, at the latest, however, 10 days after the receipt of the goods, with an indication of the type and scope of the defects. Hidden defects are to be immediately reported after their discovery, but in any case within 10 days. If a complaint is not made or not made in a timely fashion, then the goods are counted as approved. The assertion of warranty or claims for damages, as well as the right to challenge errors due to defects, is, in this case, excluded.
The inspection of defect liability is the sole responsibility of RPK TEC and will be carried out in an appropriate period of time. The customer will, upon request from RPK TEC, transfer the defective goods at its costs to RPK TEC or to a location named by RPK TEC for examination. The customer does not have the right to improve the defective goods on its own. If there is a reasoned, timely and written confirmation, the goods will either be replaced or improved. The choice of exchange or improvement is to be made by RPK TEC. If exchange or improvement is not possible within an appropriate period of time, a credit will be provided. Any additional claims are excluded, including the replacement for defects which are caused by improper storage, assembly or use, as well as transport damages or deterioration due to corrosion.
The obligation to provide proof of defects in the goods lies with the party taking the goods; § 924 ABGB (Austrian Civil Code) is explicitly excluded.
If the factory customer service is used without the presentation of a warranty claim or complaint, the costs incurred will be charged.
The warranty is 6 months after delivery.

3. Distributor Regress:
A right of recourse pursuant to § 933b ABGB is expressly excluded.

VII. Right of Lien
Justified complains do not justify retention of the entire invoice, but only an appropriate part of the invoiced amount.

VIII. No Compensation
A set-off of our claims with counterclaims, of whatever kind, is excluded.

IX. Liability for Damages
We are exclusively liable for intentional or gross negligence-caused damages up to the amount of the invoice. We are not, however, liable for any foregone profits and asset damages to the customer or its contractual parties. The liability is limited to the amount of the contracted liability insurance.

X. Product Liability
Any recourse claims which are made to us by customers or third parties under the title "Product Liability" under the PHG Product Liability Act are excluded, unless the claimant can show that the error was caused within our sphere of influence, and that there was at least gross negligence. The liability is limited to the amount of the contracted liability insurance.

XI. Legal Venue
The district court of Enns is the legal venue in the event of legal action; if the court of Enns is not responsible due to the amount of the claim, the legal venue will be the state court of Steyr without prejudice to our right to sue in any other jurisdiction. Austrian Law shall apply. The applicability of UN Commercial Law is excluded. The contractual language is German.

XII. Partial Invalidity/Severability
If any provision of these terms proves invalid in whole or in part, all other provisions of this contract remain in effect. In the case of ineffectiveness, invalidity or unenforceability of these provisions, the Parties shall determine another clause which comes as close as possible to the economic result of this defective provision. The contract between RPK TEC and the customer remains binding even if there is a legal invalidity of individual items.