General Business Terms and Conditions for Trenzyme GmbH

Scope

The following general business terms and conditions shall apply exclusively for all deliveries and services of Trenzyme (hereinafter referred to as GBT’s). This GBTs shall be deemed as having been accepted when the order is placed with Trenzyme. They shall also apply for all future business relations, even if no reference is expressly made again to their validity.

Any deviating or additional agreements, in particular business terms and conditions of the customer shall only become a part of the contract, if Trenzyme has confirmed and acknowledged this in writing. The silence of Trenzyme shall not be deemed as an agreement. Counter-confirmations of the customer with deviating conditions are hereby and now expressly objected to by Trenzyme.

Any changes to the GBT's will from their validity also become a part of current contracts, if the customer despite special reference to his right of objection does not file an objection within a deadline of one month after notification of the change.

1. Scope and execution of the services / sending risk in the case of goods deliveries

1-1 The agreed services of Trenzyme may be derived from the written order confirmation from Trenzyme. Trenzyme reserves the right to an oral order confirmation or that which is declared by conclusive action. The written form shall apply for all agreements, including supplements, modifications and collateral agreements. Supplements and changes and collateral agreements to an order entered into in writing may be agreed upon without observing the written form, if this is expressly agreed to by Trenzyme.

1-2 The observance of the service obligations of Trenzyme assumes the timely and proper in particular timely fulfilment of the obligations of the customer.

1-3 Dates and deadlines for deliveries and services shall only be binding if they are confirmed in writing by Trenzyme.

1-4 Analysis reports refer exclusively to the samples or specimens, that Trenzyme has received from the customer and whose references appear on our receipt confirmation for the sample. Trenzyme shall only then be responsible for the fact that the sample is representative if they were given the express order for sampling and the order for sampling was accepted.

1-5 Any objections to the contents of an analysis/of an assessment are to be asserted in writing and specified immediately, however, no later than within two weeks after receipt of the assessment. Should within this deadline no objections be filed, assessments or invoices will be deemed as having been approved. In the case of a reciprocal commercial transaction the obligations of the Customer under § 377 HGB to inspect and complain shall also apply for work performance and services of Trenzyme.

1-6 Occurrences of force majeure, strike, lock-out, official directives, general difficulties with energy and other supply, disturbances at transport companies and breakdowns at Trenzyme as well as the consequences of such occurrences, shall release Trenzyme for the duration of the disturbance and to the extent of its implications from the duty to perform, insofar as Trenzyme shall not be responsible for such occurrences and their consequences. Such occurrences and their consequences shall further entitle Trenzyme under the exclusion of a duty for compensation, not to provide services agreed as per contract. In these cases Trenzyme shall inform the customer immediately about the