General Terms and Conditions Consumables

Effective October 6, 2026

1. General

For business transactions with MAX DAETWYLER CORPORATION (“DAETWYLER”) involving Consumable Products, the following terms and conditions will apply unless otherwise noted within the order confirmation. Deviant contract terms of the buyer are not applicable, unless expressly acknowledged and agreed to in writing by DAETWYLER. It is expressly understood and agreed that in the event terms and conditions set forth in any order form, purchase request or confirmation provided by buyer add to or conflict with these terms and conditions, these terms and conditions shall prevail and govern. DAETWYLER’s acceptance of a contract to deliver product is expressly conditional on buyer’s agreement and assent to these terms and conditions.

2. Supply and Prices

All offers are subject to change without notice and are non-binding. Unless noted otherwise, all prices are ex works factory and may be subject to value-added taxes, transportation costs, packaging costs, tariffs, duties, or similar governmental charges imposed on imports of the goods or components thereof, and any other applicable taxes.

3. Payment Conditions

Invoices from DAETWYLER are due net 30 days. Any delays in payment will be subject to default interest at the rate of 1½% per month (18% per annum). The delivered goods shall remain the property of DAETWYLER until invoice payment in full has been received. Daetwyler is authorized to have the retention of the title officially registered. During the duration of this retention the buyer assigns its insurance claims on the object of contract to DAETWYLER.

4. Delivery

Delivery will be ex-works factory unless otherwise specified. Transportation will be at the risk of the buyer, even if free delivery has been agreed.

5. Warranty; Limitation of Liability; Exclusive Remedy

DAETWYLER’s limited warranty for the goods is exclusively governed by the DAETWYLER warranty certificate for the goods. All other warranties of any kind, express or implied, including those of merchantability and fitness for a particular purpose are excluded. Further, under no circumstance is the buyer entitled to claim damages other than to the goods themselves, and all other damages, direct, indirect, special, punitive, incidental or consequential, are expressly excluded, including without limitation, production deficiencies, production failures, loss of use, loss of income or injuries to persons or property. As set forth in the applicable warranty certificate, as buyer’s exclusive remedy for any breach of warranty, DAETWYLER at its option, may (A) replace the non-conforming goods or (B) issue a refund for the purchase price of the non-conforming goods. DAETWYLER shall have no responsibility or liability for the actions of third parties.

6. Documentation

Drawings, illustrations, printed material, offers and the like are not to be redistributed without the written consent of DAETWYLER. All DAETWYLER documents are available in English. Translation into other languages will be provided by request for a fee paid by the buyer.

7. Regulatory Approvals

The procurement of government permits is the exclusive responsibility of the buyer.

8. Applicable Law; Jurisdiction

The Contract shall take effect and be construed in accordance with the laws of the State of North Carolina, USA, including its provisions of the Uniform Commercial Code, but excluding its conflict of laws principles and the provisions of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. Each party irrevocably consents to the jurisdiction of all state and federal courts sitting in Mecklenburg County, North Carolina and agrees that venue for any legal action brought in connection with the Contract shall lie exclusively in such courts.