Common use of Prices and Payment Clause in Contracts

Prices and Payment. 2.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (i) the wage costs by law, regulation, collective agreement, company agreements or (ii) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be made without deduction to the Seller’s account, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified in the acknowledgement of order, payments shall be due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding the consequences of default in payment shall apply. 2.6 The purchaser shall be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by the Seller.

Prices and Payment. 2.1 4.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaserPurchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 4.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (ia) the wage costs by law, regulation, collective agreement, company agreements or (iib) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. i.e. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 4.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 4.4 Costs incurred for registration or validation of a Contract including but not limited to stamp duty payable at the time of execution of the Contract, shall be payable by all parties to the Contract in equal proportions. 4.5 Unless separately agreed, payments shall be made without deduction to the Seller’s account, namely: - • a down-payment of one one-third of the price when the order is placed, - • one third of the price payable when half the delivery period expires, - • the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 4.6 Unless otherwise specified in the acknowledgement acknowledgment of order, payments shall be due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding the consequences of default in payment shall apply. 2.6 4.7 The purchaser Purchaser shall be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by the Seller. 4.8 Should the Purchaser delay in respect of any payment due to Seller, then Seller shall have the right, in addition to all other rights to which Seller is entitled at contract or law, to charge interest on the overdue amount at the rate of twelve (12) % per annum calculated from the date of invoice to the actual date of full and final payment. Any payment by the Purchaser shall be credited first against any interest so accrued and the balance of payment, if any, shall be applied in reduction of the outstanding balance of the Contract price. In the event of delay in any payment due to Seller, Seller may defer manufacture or delivery or cancel any outstanding balance of the Contract. If any payment delay remains uncured to the Seller’s satisfaction for more than [10] days, the Seller may, at its discretion, either suspend, till such time that the payment delay is cured to the Seller’s satisfaction, or terminate, by giving written notice thereof to the Purchaser, the Contract or the particular purchaser order under which the default has occurred.

Prices and Payment. 2.1 4.1. The price of the purchase shall be set to the price which the Supplier applies at the time of receiving the order from the Purchaser unless the Parties have expressly agreed otherwise. Unless otherwise expressly agreed, the prices are set exclusive of VAT and other public charges, which shall not be deemed to be fixed prices. For services ordered paid by the purchaserPurchaser. Upon variations in exchange rates exceeding 2 % up to the invoicing of the Product, which are not covered the Supplier may adjust the indicated prices towards the Purchaser. The Supplier’s right to adjust the prices in the event of exchange rate variations shall also apply when a specific price has been agreed upon by the original order, there is a right to additional, appropriate remunerationParties. 4.2. Unless agreed separately, the prices Payment shall be ex works made upon invoicing and no later than the date set forth in each invoice, unless otherwise expressly agreed. The Purchaser shall under no circumstances, including in the event of the Seller and shall include loading at the worksdelays or deficiencies, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 The Seller shall be entitled to adjust withhold payment. Upon delays in payment, interest on overdue payments shall accrue from the contractually agreed price if changes maturity date, with the reference rate applicable at any time, designated the "main refinancing operations” (MRO) of the European Central Bank" plus eight (8) percentage points. If the Purchaser does not pay on time, the Supplier may further, after having given the Purchaser notice hereof in writing, suspend its performance of an Agreement until payment has been made. 4.3. If it appears after the amount conclusion of at least 1.5 % have occurred with regard the Agreement that the conduct or the financial circumstances of the Purchaser give the Supplier reason to (i) anticipate that the wage costs by lawPurchaser will not make a full and timely payment, regulation, collective agreement, company agreements or (ii) other cost factors necessary for the Supplier may suspend the performance of the service Agreement and demand advance payment or adequate security to resume the performance. If such as procurement costs circumstances are discovered after the Product has been shipped, the Supplier may prevent the delivery of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contractProduct. The adjustment Supplier shall be made urgently notify the Purchaser in writing of its decision to suspend the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excludedAgreement. 2.3 Costs for travel, daily and overnight allowances are charged separately4.4. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be The Supplier may cancel the Agreement if the Purchaser has not made without deduction payment within thirty (30) days after the payment date. In addition to the Seller’s accountright to interest on overdue payments, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified Supplier shall in the acknowledgement of order, payments shall be due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding the consequences of default in payment shall apply. 2.6 The purchaser shall such case be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by recover damages for losses which it incurs arising out of Purchaser’s non-payment. The damages payable, except for accrued interest, shall be limited to the Selleragreed price for the Product/Products.

Prices and Payment. 2.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be Incoterms ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory raterate if the tax payment obligation results from the binding provisions of law. 2.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (i) the wage costs by law, regulation, collective agreement, company agreements or (ii) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be made without deduction to the Seller’s 's account, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery order performance period expires, - the remainder payable upon delivery according to the formula Incoterms EXW (Ex Works) or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified in the acknowledgement of ordercontract, payments shall be due net (without deduction) within 30 14 days of the invoice datedate to the bank account of Seller pointed in the invoice. The statutory provisions regarding the consequences of default in payment shall apply. 2.6 The purchaser shall be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by the Seller. In addition, the purchaser shall be authorized to exercise a right of retention only insofar as his counterclaim is founded on the same contractual relationship. 2.7 In case of partial delivery performance, the Seller separately invoices each part of the delivery. 2.8 As the date of payment shall be deemed the posting date on the bank account of the Seller pointed in the content of the invoice.

Prices and Payment. 2.1 Unless otherwise agreed4.1 Price lists and other general price information are non-binding and are updated by the Supplier regularly. 4.2 Prices are in EUR and, unless stipulated otherwise, are based on delivery according to DAP (Incoterms 2010) place of delivery within Germany, plus packaging and transportation as well as applicable VAT. 4.3 Should delivery and/or service be carried out more than nine (9) months after the date specified in the order confirmation, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 The Seller Supplier shall be entitled to adjust prices, provided the contractually agreed price if changes list prices and/or material, labor or other costs have changed in the amount of at least 1.5 % have occurred with regard to (i) the wage costs by law, regulation, collective agreement, company agreements or (ii) other cost factors necessary meantime. The offered prices are valid only for the performance of respective individual order. Fixed price agreements must be expressly agreed upon in writing. 4.4 Costs for packaging, transportation and insurances, the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made latter to the extent that expressly requested by the actual production costs at Purchaser, shall be calculated based on the time of conclusion of the contract change compared to those prices effective at the time of the actual performance accrual and shall be charged separately. 4.5 In case the Supplier is contractually obliged to carry out installation, assembly and/or commissioning, the Purchaser shall bear, in addition to the agreed remuneration for the delivery, the costs for installation, assembly and / or commissioning according to the price list of the service. A price adjustment for Supplier effective at the period in which time of performance as long as nothing to the Seller is in default through his own fault is excludedcontrary has been agreed upon. 2.3 Costs 4.6 Invoices for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments deliveries shall be made without deduction to the Seller’s account, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified in the acknowledgement of order, payments shall be due paid net (without deduction) within 30 days of from the invoice date. The statutory provisions regarding date by direct transfer to the consequences of default in payment shall applySupplier’s bank account. 2.6 The purchaser 4.7 Invoices for services shall be paid net without delay by direct transfer to the Supplier’s bank account. 4.8 The Purchaser is only entitled to withhold retain payments or to offset his counterclaims only if they have been insofar as such counterclaims are undisputed, ruled on finally with res judicata effect by a court of law or have been acknowledged by the Sellerare ready for a decision after pending suit.

Prices and Payment. 2.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (i) the wage costs by law, regulation, collective agreement, company agreements or (ii) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be made without deduction to the Seller’s account, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified in the acknowledgement of order, payments shall be due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding the consequences of default in payment shall apply. 2.6 The purchaser shall be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by the Seller.

Prices and Payment. 2.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separatelyotherwise, the prices shall be ex works (EXW according to Incoterms 2020) including loading in the factory of the Seller and shall include loading at the worksSupplier, but not include insurance costs, excluding packaging, unloading and all other auxiliary coststransport insurance. Value-added tax – if it has to be paid – shall be added to charged in addition in accordance with the prices at the respective statutory rateprovisions. 2.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (i) the wage costs by law, regulation, collective agreement, company agreements or (ii) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be made without deduction to the Seller’s account, namelyPayment terms: - a - - 30% down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable after entry into contract 60% upon delivery or upon notification notice of readiness for shipment dispatch 10% upon final acceptance, however not later than 3 months after delivery. All payments 14 days net. A different method of payment will alter the pricing. Insignificant faults that do not have an adverse effect on the functioning shall not authorize you to reduce the amount to be paid. Retention of payments or the balancing of payments as a result of possible counterclaims by the Buyer which have been contested by us are not admissible. In particular, delivering the operating manual/technical documentation later on shall not confer an entitlement to reduce or withhold the payment. The Supplier is entitled to invoice for partial deliveries through partial invoices. 3.1 The delivery period results from the agreements of the contractual parties, insofar as the Supplier has entered into corresponding covering transactions in a timely manner. The delivery period is correspondingly prolonged if delivery the Supplier despite timely coverage transactions is not supplied itself, is not supplied correctly itself, or is not supplied in a timely manner itself, and other coverage purchases are unreasonable or have not worked, or if it is not possible immediately after completion for the Supplier or its own supplier(s) to make timely delivery for reasons for which arise after entry into contract or were not known to the Seller is Supplier or which are not responsible. 2.5 Unless otherwise specified in the acknowledgement within its sphere of orderinfluence, payments shall be due net (without deduction) within 30 days such as strike, lock-out, non-culpable business interruptions, including at suppliers of the invoice dateSupplier (e.g. tool breakage), supplier blockades, operational shutdowns, refusal of import or export licence, other sovereign interventions, as well as circumstances going beyond this which are to be regarded as force majeure. The statutory provisions regarding Thus, the consequences of default in payment shall apply. 2.6 The purchaser shall be entitled Supplier does not bear the procurement risk. In order for the Supplier to withhold payments or offset his counterclaims only if they comply with the agreed delivery period, all commercial and technical questions must have been ruled on finally or have been acknowledged by the Seller.been

Prices and Payment. 2.1 Unless otherwise agreed, the prices shall not be deemed to be fixed prices. For services ordered by the purchaser, which are not covered by the original order, there is a right to additional, appropriate remuneration. Unless agreed separately, the prices shall be ex works of the Seller and shall include loading at the works, but not include insurance costs, packaging, unloading and all other auxiliary costs. Value-added tax shall be added to the prices at the respective statutory rate. 2.2 The Seller shall be entitled to adjust the contractually agreed price if changes in the amount of at least 1.5 % have occurred with regard to (ia) the wage costs by law, regulation, collective agreement, company agreements or (iib) other cost factors necessary for the performance of the service such as procurement costs of the materials used, e.g. due to changes in the national or world market prices for raw materials, exchange rates since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of conclusion of the contract change compared to those at the time of the actual performance of the service. A price adjustment for the period in which the Seller is in default through his own fault is excluded. 2.3 Costs for travel, daily and overnight allowances are charged separately. Travel times are considered as working hours. 2.4 Unless separately agreed, payments shall be made without deduction to the Seller’s account, namely: - a down-payment of one third of the price when the order is placed, - one third of the price payable when half the delivery period expires, - the remainder payable upon delivery or upon notification of readiness for shipment if delivery is not possible immediately after completion for reasons for which the Seller is not responsible. 2.5 Unless otherwise specified in the acknowledgement of order, payments shall be due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding In the consequences event of default delayed payment by the purchaser, the Seller is entitled at law, to impose interest at the rate of twelve (12)% per annum on the outstanding amount calculated from the due date to the actual date of full and final payment. Any payment by the purchaser shall be credited first against any interest so accrued and the balance of payment, if any, shall be applied in reduction of the outstanding balance of the Contract price. In the event of delay in any payment shall applydue to Seller, Seller may defer manufacture or delivery or cancel any outstanding balance of the contract. 2.6 The purchaser shall be entitled to withhold payments or offset his counterclaims only if they have been ruled on finally or have been acknowledged by the Seller.