General Contract Terms (GCT)

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1 General Contract Terms (GCT) Effectiveness Duration of the General Contract Terms 1. The provisions of the present General Contract Terms (hereinafter referred to as GCT) shall be applied to all products marketed by Tomintex Kereskedelmi és Tanácsadó Korlátolt Felelősségű Társaság (registered office: 7629 Pécs, Hársfa út 269/1., tax number: ) as Supplier registered at the Baranya County Court as Court of Registration under registration number Cg and to all contractual legal relationships between the Supplier and the Customer Any deviation from the provisions of the GCT shall be made in writing in a separate agreement between the Supplier and the Customer. Establishment of the Contract 2. In the event of a bid the validity period of the bid is 30 calendar days. 2.1 A Contract shall be established if the written (via fax or or by post) or oral order (at the registered office or in the shops of the Supplier) of the Customer is confirmed in writing by the Suppler or in the event of direct warehouse sale orally on site. In the latter event written confirmation is substituted for by the invoice. 2.2 The Customer takes notice of the fact that in the event of orders concerning the products not being on stock of the Supplier the Supplier shall order the products individually in which event having the Supplier confirmed the order of the Customer the Customer shall not be entitled to unilaterally modify its order or to cancel it. Purchase Price 3. The disclosed List Prices of the Supplier are only of informative nature. 3.1 Defined sales prices (Offered Prices) regarding the products are meant for taking over the products at the registered office (EXW Pécs) of the Supplier. The Place, Date and Method of Fulfilment 4. In the event of sales in compliance with the provisions of the GCT the place of performance in the event of sales from the warehouses of the Supplier (registered office) is the registered office of the Supplier or in the event of Clause 4.4 the address given by the Customer. 4.1 The Supplier shall on the agreed day of performance or within the deadline compile and hand over the products to the Customer. The qualitative and quantitative taking over of the products is carried out at the time of handing over (see Clause 5). The Supplier is entitled to preliminary delivery and partial delivery. 4.2 Unless the Parties otherwise agree the Customer is obliged to arrange for the transport of the products. The delivery date is the date of taking over the products. 4.3 In the event the Customer shall have the products transported by its own transport equipment or by a carrier ordered by it, the Customer shall arrange for the loading of the transport equipment and the transportation at its own expense and responsibility. The Customer is obliged to have the transport equipment available at such time on the agreed day of transport so as to leave enough time for loading the products. 4.4 The Parties may agree such way that the Supplier shall transport the products to a defined address by the Customer for charging freight on top of the Purchase Price. In this event the place of performance is the place defined by the Customer and the date of performance is the date of taking over the products by the Customer or its authorized representative. The taking over shall be registered in the delivery note supplemented by the date, signature and stamp. The freight shall be indicated in the actual valid quotation.

2 4.5 In the event the Customer does not take over the products within eight (8) calendar days after the agreed day of performance the Supplier shall store the products at the expense and responsibility of the Customer for storage charges. The monthly amount of the storage charges is 3% of the net value (in the event of an issued invoice the value indicated in the invoice) of the ordered products not taken over and it is to be paid after each started month. In this case the date of performance is the first day of the storage. 4.6 In the event the Customer fails to take over the products for over 30 days the Supplier is entitled to cancel the contract and to take back the products and to sell them to a third party. 4.7 The Customer takes notice of the fact that within the scope of the wholesale activity of the Supplier it carries out commissioning activities for which reason in respect of the products indicated in the contract delivery deadlines are only of informative nature, the Supplier cannot be held liable for any incidental delays that can be traced back to the delay of its supplier. Quantitative and qualitative taking over 5.0 The place of the quantitative and qualitative taking over is the place of performance defined in the above Clauses 4 and 4.4. During taking over the Customer or the person conducting the taking over is obliged to check whether the original package is damaged and to take over the packages and the products by the pieces. 5.1 The Customer is entitled to refuse taking over the products or to send them back on the basis of the agreement signed with the Supplier or in the event of faulty performance of the Supplier. 5.2 In the event of quantitative claim the Customer is entitled to raise a claim within two (2) days from the day of taking over while in the event of qualitative claim in compliance with the provisions of Clause 6. Quality, warranty, guarantee 6. The Supplier shall certify the quality of the products with a quality certificate and shall hand over a User s manual and in the event of guarantee - a guarantee document to the Customer. The Supplier shall warrant that the products are suitable for the intended usage, are of standard quality and in compliance with the standards of the ad hock Contract and/or with the EU standards. 6.1 In the event of damaged packaging or products the Customer at the place of taking over is obliged to take down a report suitable for placing claims against the carrier and/or to put the quality claims down in the delivery note. In the event the taking over is carried out at the registered office of the Supplier this document shall be signed by the person handing over the products. In the event the Customer fails to do so the Supplier shall not be held liable for the incidental quantitative, qualitative faults and/or damages. 6.2 In the event of qualitative claims the Supplier shall in its sole discretion exchange the faulty products or give discount on them. The liability of compensation of the Supplier raised by quantitative and qualitative faults shall not cover indirect damages and loss of profit. 6.3 In the event of purchasing depreciated / devaluated (damaged) products the Customer shall not be entitled to quality claims. The Supplier shall exclude its liability in compliance with 314 of the Civil Code. 6.4 The Supplier shall be held liable for product liability in compliance with Act X of Unless the Parties otherwise agree the Supplier shall warrant one (1) year guarantee of the products for the faults occurred during intended use. 6.6 In the event of occurred faults the Customer shall only be entitled to the guarantee rights if the Customer presents the guarantee document issued and signed by the Supplier. 6.7 The repairs of faults occurring after the guarantee period can only be carried out by the Supplier against payment.

3 Terms of payment 7. The Customer is obliged to pay the Purchase Price in cash or by transfer by the method and to the bank account number indicated in the confirmation of the order or in the accepted quotation or - if an invoice has been issued - in the invoice within the deadline for payment. 7.1 In the event of a related agreement between the Parties the Customer shall pay the Supplier in advance a certain amount of the Purchase Price within a deadline indicated in the invoice issued after signing the Contract ( Downpayment of the Purchase Price ). 7.2 The Customer is entitled to include any of its claims into the equivalent of the invoice exclusively on the basis of final court decision. Delayed Payment 8. In the event of delayed payment the Customer is obliged to pay default interest for the period from the fist day after the deadline for payment indicated in the invoice to the day of paying the whole sum of the Purchase Price. The amount of default interest is the key national base rate valid on the last day preceding the calendar 6-months concerned by the delay plus 7%. 8.1 The Supplier shall spend the instalment payments of the Customer on the settling of the default interests of the overdue earlier receivables following which on the settling of the amount of the capital. 8.2 In the event of the delayed payment of the Customer the incidental discounts and/or other allowances offered by the Supplier shall cease to have effect and the Customer is obliged to pay the whole Purchase Price and its whole debt towards the Supplier immediately become due, furthermore the Supplier shall be entitled to unilaterally modify the deadlines for payment given in a framework structure earlier. The Supplier shall also be entitled to this right in the event of the insolvency of the Customer or if a proceeding for the order of bankruptcy or liquidation proceedings are started or in the event the Customer has conducted a breach of contract concerning its earlier orders. 8.3 In the event of delayed payment of the Customer the Supplier is entitled to stop and/or suspend further shipments without breaching the stipulations of the contract. The Supplier is entitled to set the further shipments to the conditions of guarantee or to immediate cash payment. 8.4 In the event the Customer does not raise an objection to the Supplier to its debt concerning the invoice, the products indicated in the invoice or their consideration within fifteen (15) days after the deadline for payment indicated in the invoice the order is considered fulfilled and the invoice accepted by the Customer and the demand of the Supplier acknowledged, non-disputed debt. In the event of the delayed payment of the Customer the Supplier is entitled to suppose the insolvency of the Customer. 8.5 In the event of the delayed payment of the Customer longer than fifteen (15) days the Customer is obliged to give a guarantee to the Supplier for the payment of the Purchase Price within the period of time indicated in the notice of the Supplier concerning the delayed payment. Failing to do so the Supplier is entitled to cancel the present Contract. The person signing the present Contract in the name and on behalf of the Customer in compliance with the rules of secondary liability shall in person undertake surety for the debts of the Customer to the Supplier.

4 Reservation of ownership 9. The Supplier shall reserve its ownership concerning the product until the full payment of the Purchase Price and its incidental duties. 9.1 The Customer shall not sell, shall not debit, shall not build in and shall not process the products until the full payment of the Purchase Price. In the event of processing, building in of the products effected with the reservation of ownership the Supplier as the owner is entitled to the right of option (Section (3) of 133 of the Civil Code). In the event of merger the Supplier shall be entitled to partownership ( 134 of the Civil Code). By the signature of the present Contract the Customer shall assign the amount equal to the proportion of the property of the Supplier originating from the sale of the joint property to the Supplier. 9.2 In the event the Customer purchased the products with the intention of further sale during the reservation of ownership it is obliged to arrange for the adequate storage of the products. During the period of the reservation of ownership the Customer is liable for damages, for the loss or destruction of the product or for any damage occurring in the state of the product. In this event the Customer is obliged to take out a property insurance also covering the products of the Supplier. 9.3 In the event of the delayed payment of the Customer longer than fifteen (15) days the Supplier and/or its representative is entitled to transfer the products handed over under the reservation of ownership from the registered office, place of business location, branch office of the Customer at the expense of the Customer. The debt of the Customer shall be decreased by the handover price of the transferred products but shall be increased by the costs of transport. Force majeure 10. The Parties shall be exempt from the full or partial performance of their contractual obligations if their performance has failed due to an obstacle outside the scope of their effect, unforeseen and beyond control (force majeure). The following shall be considered force majeure but not limited to: wars, revolutions, strikes, embargoes, natural disasters and events (fire, flood, earthquake, etc.). In the event of force majeure the Party who is hindered in its performance shall in writing within the shortest time possible notify the other Party of the reason and the expected duration of the hindrance. Transfer of rights 11. The Parties shall transfer their rights and duties under the scope of the present Contract to a third person only with the preliminary consent of the other Party. Applicable law, legal disputes 12. All questions that might arise and not regulated by the present Contract shall be governed by the Hungarian law especially by the provisions of the Civil Code In the event of legal dispute the Parties in compliance with Sections (1)-(3) of 41 of the Code of Civil Procedure - depending on value limit - agree in the exclusive competence of the Municipal Court of Pécs and the Baranya County Court.

5 Final Clause 13. In consideration of the fact that the General Contract Terms are publicly available for anybody it shall automatically become valid for every Contract between the Supplier and the Customers. The Supplier shall consider the conditions of the GCT read, understood and acknowledged by the Customer. Pécs, Tamás Raffai Managing Director Krisztián Raffai Sales Manager 2010 All rights reserved

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