Sales conditions

These general conditions are inseparately related to the sale and are accepted by the purchaser, even if they are in contradiction with the general or specific purchase conditions; which are only binding to AppliTek if explicitly accepted.

Unless otherwise stated, all prices and conditions quoted are valid for 30 days.

Each order is only binding for AppliTek N.V./S.A after her written confirmation. This also counts for all agreements made by his representatives, technicians or employees.

2. PROPERTY

The property of the goods shall not pass to you until we have received payment in full of the prices of the goods, possibly increased with interest, compensations, etc.

Before payment in full of the prices of the goods no third party will dispose of the goods.

3. PRICE OF THE GOODS

Except if otherwise stated under the terms of any quotation or in any price list, all prices are net and given by us on an ex- works basis. You shall be liable to pay our charges for transport, packing and administration, which are separately charged at cost price. The prices are based on the current prices of our suppliers, exchange rates, taxes and rights. We reserve the right to adjust the price of the goods to reflect any increase in the cost to us that is due to any above-mentioned factor beyond our control, even after order confirmation.

As per July 1, 2005, the price will be augmented by the Recycle Contribution (Recupel), valid on the day of invoicing and according to the new legislation and decrees (Vlarea).

4. DELIVERY

Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. Exceeding of the delivery term does not entitle the purchaser to cancel the order or to request for a claim.

5. ACCEPTANCE – WARRANTIES

Any claim by you shall be notified to us within 3 days from the date of delivery. Beyond this term, no consequence will be given to claims regarding visible defects.

As far as the goods have been used in a normal way, we warrant that new goods, unless otherwise stated, will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery. The charges for labor and transport of our technician will also be guaranteed during 12 months unless otherwise stated. The above warranty is not given for consumer goods nor for those articles and parts in glass, Plexiglass, rubber, plastic or synthetic materials, nor for lamps, tubes, semiconductors, thermocouples and electrodes.

AppliTek only commits itself to repair or replace the defective part, on the indicated spot, without being liable for compensating for other damaging consequences due to failures in material, fabrication or mounting and especially due to unavailability of the instrument during the time needed for repair.

The warranty is legally not valid anymore when the purchaser executes or orders to execute any repairs or modifications without informing AppliTek.

The warranty does not cover any form of damage resulting from misuse or insufficient maintenance or supervision.

The claim of the purchaser will not discharge him from the obligation to observe the terms of payment in a correct way.

6. TERMS OF PAYMENT

Payments are settled without any discount. The applicable value added tax is at charge of the purchaser. Unless otherwise stated, orders are payable 30 days after date of invoice.

Any delay of payment on the stipulated expiry date legally implies the immediate claim of the credit without proof of default, which provides interest at a rate applicable for public contracts.

7. JURISDICTION

For all disputes that may arise out of this order, whatever the location of delivery may be, only the Courts of Ghent, Belgium will be authorized. The Belgian laws are applicable.