General Terms and Conditions

Scope of application
These general delivery conditions apply to all deliveries carried out by Altatec Microtechnologies AG Steinhausen, Switzerland, hereinafter referred to as AT. Any other conditions are only binding
if they have been agreed to in writing.

Scope and performance of the delivery
The order confirmation determines the scope and performance of the delivery. Material or services that are not included in the order confirmation will be invoiced separately.

The prices stated are net prices ex works, without any deductions.

The basis for this are the applicable material prices at the time of the quote, wage rates and other manufacturing costs, transport costs, exchange rates, customs duties, taxes and fees. Any increases in price that occur before the order is sent shall be borne by the purchaser.

Any costs for special inspections and tests shall be borne by the purchaser.

Payment conditions
Payment is due within ten days of the invoice date. The payment deadline is met when and if the made full amount in Swiss francs is made freely available to AT in Switzerland. If the purchaser does not respect the payment deadline, they shall default without being sent a warning or reminder.

If the purchaser does not respect the agreed upon payment deadlines, the purchaser must pay interest on any late payment. The interest rate applied is the same applied to short-term bank loans in Switzerland. If payment in a foreign currency is agreed upon, the interest rate for late payments is the same as that applied to short-term bank loans in the local currency of the purchaser. In addition, AT must be compensated for any losses due to the exchange rate.

The payment deadlines must also be adhered to even if the transportation, delivery or acceptance of the delivery has been delayed or made impossible for reasons that AT cannot be held liable for. Holding back or reducing payments due to complaints, claims or counter-claims made by the purchasers but not recognised by AT is not permitted.

Delivery conditions
The delivery deadline starts once the contract has been concluded and all official formalities completed, for example all import and payment permits must have been obtained, all payments due for the order have been made, all agreed securities have been given and all essential technical points settled. AT shall be deemed to have adhered to the delivery deadline if the goods are ready for shipment on time.

The delivery deadline can be extended accordingly if any impediments occur that are outside of the control of AT, e.g. incomplete official formalities, missing import and payment permits; delayed payments; delayed transmission of technical information.

Technical documents and licences
All technical documents, regardless of whether they were created before or after the contract was concluded, remain the property of AT and should not be copied, reproduced or made available to third parties in any other way, nor should they be used to manufacture products or components.

For the acquisition of AT-specific engineering or process know-how, the purchaser, or the manufacturer on behalf of the purchaser, must pay a license fee. This is defined in a so-called “know-how” contract.

Regulations at the place of destination
The purchaser must, in good time, inform AT of the statutory, official and other requirements that are required for the fulfilment of the contract.

Ownership, benefits and risk, transportation, insurance
Altatec Microtechnologies AG cannot be held liable in any way for the material provided.

The delivered goods remain the property of AT until full payment has been received.

All benefits and risks are transferred to the purchaser once the delivered goods leave the factory. If the dispatch of the delivery is delayed for circumstances that AT is not responsible for, the delivery will be stored at the expense and risk of the purchaser.

Transport of goods shall be at the purchaser’s expense and risk.

The purchaser is obligated to take out an insurance policy against damages of any kind. Even if the insurance is arranged by AT, it shall be deemed to be taken out by the order of and on behalf of the purchaser.

Any claims and notices of defects must be submitted within 10 working days after reception of the goods, otherwise the delivery shall be deemed to be accepted.

AT is obligated to repair or replace, at their own discretion and as quickly as possible, all parts that are defective or unusable as a result of poor materials being used, defective design or poor workmanship, for the 12 months following the invoice date or the date that the delivery is ready for dispatch.

The warranty only applies if the products are used correctly and for the intended purpose and if the defective parts or products are sent back to AT with freight paid.

Any other claim of the purchaser regarding faulty delivery, especially for compensation and withdrawal from the contract, is excluded.

Place of performance, place of jurisdiction, applicable law
The place of performance and jurisdiction for both parties is Steinhausen and the courts of the canton of Zug, Switzerland. In any case, however, AT is also authorised to take legal action against the purchaser at their domicile.

The contract and these general delivery conditions are subject to Swiss Law.

Version: August 2002