GENERAL TERMS AND CONDITIONS FOR SALES AND MAINTENANCE

All orders suppose acceptation of the conditions given below unless a special derogation has been made in writing, whatever the clauses which might be included in the Buyer’s documents. Engagements entered into by the Company become valid only after written acceptation by LINLINE. Whatever the motive, no orders can be cancelled without LINLINE agreement.

PURCHASE ORDERS

All purchase orders shall, unless otherwise agreed by Company, set forth the quantity of the pieces of equipment required, specifications, the delivery date, destination, the price of the equipment and all other relevant information necessary to effectuate shipment of the equipment by Company.

PRICES AND PAYMENT

Our prices are all EXW (Ex-Works, INCOTERMS 2000). They include packing but do not include carriage.

Company reserves the right to reduce or increase the prices; provided, however, that no such change shall affect purchase orders already accepted by Company.

Unless otherwise agreed upon, payment will be made on the basis of advance payment or irrevocable and confirmed Letter of Credit. In every case a proforma invoice will be made out as soon as the order is received.

Buyer shall pay all state and local taxes, licenses, assessments, charges and liabilities of every kind whatsoever that are based upon the sale, use or ownership of the Equipment.

DELIVERY

Standard models are delivered within 6-8 weeks, non-standard models are delivered within 10-12 weeks. These delivery terms are specified in the quotations and depend on the mode of payment.

No sanction is imposed for a delayed delivery unless this has been specially stated in the offer or order confirmation.

Our merchandise travels at the Buyer’s risk. The Buyer would be well advised to check the parcel contents on delivery. Insurance can be taken out upon the Buyer’s explicit request. Unless a particular agreement has been reached, our Company will take no responsibility for repairs or replacement of all the consignment or a part of it which has not been insured. Unless specially requested otherwise, the merchandise is sent by air or by forwarding agent, according to the size and the weight of the parcel.

INSTALLATION, OPERATION AND MAINTENANCE

Installation of the equipment sold and putting it into operation is made by the specialist of the Company. Cost for round trips, meals and lodging of the Company’s personnel shall be bo e by the Buyer.

All the information on operating the equipment is specified in the operating instructions.

Maintenance of the equipment must be done once in half a year by the Company at the expense of the Buyer.

Application for the maintenance of the equipment is made on the web-site of the company.

The Buyer must not prevent the Company from installing the Remote Surveillance System on the equipment and the Buyer must provide everything for its operation.

GUARANTEES

The Company guarantees that the equipment sold will be free from defects in material and workmanship for a period of 24 months as set forth in the Guarantee Certificate. The guarantee period for extra parts is 12 months, except wear-prone parts. The guarantee period for wear-prone parts is specified in the guarantee certificate.

The guarantee period starts from the date of the installation of the equipment but not later than 1 month from the date of delivery.

The guarantee accident is a breakdown of the equipment or any of its parts because of a defect or improper assembly.

Non-guarantee accident is a breakdown of the equipment or any of its parts due to the actions of the Buyer or third parties, environmental impacts, and breach of the equipment transportation, storage and operation conditions that are specified in the Manual. Replacements of parts broken as a result of non-guarantee accident and also replacements after the guarantee period expiry are paid by the Buyer.

In case the equipment is retu ed, it should be sent in its original packing together with the analysis form duly filled in. Faulty equipment sent back is never used again and therefore is of no commercial value but its retu is necessary for appraisement and statistical purposes.

Company assumes no responsibility if any piece of the equipment shall fail during the guarantee period by reason of any one or more of the following causes:

- Abuse or misuse of the equipment contrary to instructions pertaining to its operation;

- Improper preventative maintenance of the equipment by the user;

- Alteration or modification of the equipment which may result in damage to the equipment;

- Improper repair or servicing of the equipment performed by any unauthorized service personnel; or

- Force majeure, including natural disaster, fire, flood, accidents and the like.

The Company provides all required consultation for service and repair. In case the problem cannot be solved distantly, a technical specialist of Company will come to the place in the shortest possible term set forth in Guarantee Certificate. Cost for round trips, meals and lodging of the Company’s personnel carrying out the after-sales service shall be bo e by the Buyer.

TRAINING

Company shall supply from time to time without any charge reasonable quantities of catalogues and other printed material necessary or useful for promotion and advertising. Some additional material which is not free of charge can be supplied at request.

Company shall annually train up to 5 people of the staff free of charge at the territory of the Company. At a special request of the Buyer and with a special agreement, the Company can arrange a visit of an expert to train the staff at the territory of the Buyer and in this case cost for round trips, visas, meals and lodging of the Company’s personnel carrying out the training shall be bo e by the Buyer. This staff must comply with the requirements set for successful training accomplishment.

CONFIDENTIALITY

All drawings, designs, specifications, manuals and programs fu ished to the Buyer by the Company shall remain the confidential and proprietary property of Company. All such information, except as may be found in the public domain, shall be held in strict confidence by the Buyer and shall not be reproduced nor disclosed by Buyer to any third parties. Copyright in all materials made available by Company shall remain in Company at all times.

FORCE MAJEURE

Company shall have no liability to Buyer on account of delay in delivery or inability to manufacture or deliver any equipment by reason of force majeure, including, but not limited to strikes, lockouts, accidents, fire, embargoes or gove ment actions, or any other cause beyond the reasonable control of Company, whether the same or different from the matters and things hereinabove specifically enumerated.

JURISDICTION