The following are the conditions of sale that the purchaser should deem to have accepted and incorporated into the cotract of sale.We quote for and confirm orders only upon and subject to the following terms and conditions which shall form part of any contract concluded between Nordex and the Buyer to the exclusion of any other terms and conditions, except as specified on the face of our Quotation and/or Confirmation of Order or as otherwise expressly agreed between Nordex and the Buyer in writing.

1. Our Quotation does not constitute an offer to sell but merely an invitation to treat. Accordingly, no binding Contract of Sale shall be created until the Buyer shall have placed the Order and we shall have issued our written Confirmation or Order via a Proforma Invoice, which must be signed by the Buyer in order to confirm an Order.

2. Unless previosly withdrawn, all our quotations are valid up to 30 days from the date of the Offer and subject to availability of the goods at the date of issue of the
Confirmation of Order.

3. Drawings, dimensions, weights, colours, quoted must be taken as approximate only and do not form part of the Contract of Sale.

4. Orders must be placed in writing for goods as quoted by us. The Buyer must place orders using Nordex codes, otherwise Nordex will not be responsible for any misunderstanding which have risen from a neglect in placing an order without the appropriate description of a product and code.

5. All extras and accessories ordered but not specified in our quotation, will be charged for separately as will the costs of all tests, alterations, additions, and catologue postage exceeding a quantity of two.

6. Any Order placed by telephone will be accepted only if the Buyer quotes his official order number, receives a Nordex reference number, and the Buyer confirms the Order in writing by facsimile message by the next following day. Such written order shall be clearly marked "CONFIRMATION OF TELEPHONE ORDER". We accept no responsibility for duplication of the Order which is not so marked and the Buyer will not be entitled to cancel any duplicate order or refuse to accept the relevant goods.

7. Catologues and other advertising material are issued for information only and indicate the type and range of goods we offer. No particulars therein contained shall constitute a representative or warranty in respect of any goods and shall not be otherwise binding on us.

8. We reserve the right to make changes at any time without notice to the Buyer in the materials, dimensions, and designs of any of the goods and such changes shall not affect the validity of any Contract of the Sale relating thereto.

9. Any samples supplied by us shall be supplied solely for information purposes and shall not be treated as importing any express or implied condition or warranty as to the quality, description, colour, fitness for purpose or merchantable quality of goods subsequently delivered and the Buyer shall be deemed to have satisfied himself as to such matters prior to ordering the goods. All samples shall be chargeable unless otherwise agreed in the Special Conditions.

10. Upon and subject to the terms and conditions hereinafter contained, we hereby guarantee that any part of goods sold by us which are proved to be defective through faulty electrical and/ or mechanical materials and/ or workmanship will, at our option be repaired free of charge on the condition that: a)notice in writing specifying full particulars of the alleged defect and the serial number of the goods given to us by the buyer before the expiry of a period of 30 days from the date of invoice; b) we reserve the right to deem if the product in concern was defective leaving our factories, or defected caused by the buyer. If we understand that the product left Nordex without any defects then no further steps will be taken. c)the goods complained of are returned to our works carraiage paid by the Buyer.

11. Unless otherwise stated in the Contract of Sales, all prices are quoted on an Ex-Factory basis (Buyer pays for transportaion and insurance.)

12. All prices quoted are subject to alteration without prior notice to take into account fluctuations in exchange rate, variations in Custom Duties, Import Charges, or any other increase in duties or taxes, will be adjusted in to the prices.

13. The purchaser is not entitled to return to us any goods without our previous written consent. The purchaser will have to pay in advance a re-stocking charge of 18% of the total invoice value of the goods, as well as the transportation costs. The request to return goods must be made in writing, and Nordex must confirm only in writing if we accept the mentioned returned products. Goods will only be accepted for return if they are in an as new condition.

14. We reserve the right to establish a minimum order value. Any order below this value will carry a further 15% of the total value of the invoice to take into account transaction costs.

15. Unless otherwise expressly agreed and confirmed by us in writing, payment of an invoice shall be made no later than the date stated on the invoice. If the Buyer fails to pay the price for the goods on the due date, Nordex shall be entilted to: a) cancel or suspend any deliveries to the buyer; b) sell or therwise dispose of any goods which are the subject of any pending orders placed by the buyer; c) charge the Buyer an interest on the the total amount of the invoice plus 4% above the LIBOR per month.

16. The Buyer shall make all payments without any deduction or set-off (i.e cost of Buyers Bank transaction), in particular shall not be entitled to set-off against any monies owed to us under the Contract of Sale any monies owed or alleged to be owed by us to the Buyer whether under the Contract of Sale or otherwise howsoever.

17. Any times quoted by us for delivery are approximate only and are to be computed from the date on which both the following conditions are satisfied: a) we have dispatched our Confirmation of Order to the Buyer; and b) we have in our possession all the information, accessories, and raw material which we require to enable us to perform the contract of sale.

18. While we will use all reasonable endeavours to comply with the quoted date for delivery, we shall not be liable for, nor be required to indemnify the Buyer against any loss, damage, injury or expense, either direct or indirect and including but not limited to loss of profit or liablity to third parties, suffered or incurred by the Buyer by reason of late delivery of the goods from whatsoever cause such late delivery may arise.

19. If for any reason delivery is delayed by the Buyer, we shall be entitled to arrange on the Buyer's behalf storage of the goods either at our warehouses, or elsewhere and/or insurance of the goods against such risks as we shall think fit and all charges for storage and/or insurance shall be for the account of the Buyer. If the transporter arranged by the Buyer delays pick up by more that 24 hours from the date indicated to us, we will charge 3% of total invoice value per day for keeping the goods in our warehouse.

20. All goods produced and sold by Nordex are guaranteed for six months from the date of invoice, after this period Nordex is no longer liable. Any complaints within this perid must be notified to Nordex in writing, specifing full particulars of the alleged defect and serial number of the goods must be stated.

21. As the company policy, Nordex uses only high quality electrical components. After six months from the date of invoice, any damage, malfunction, defect caused by electrical components not manufactured by Nordex, can not be attributed to Nordex. Such complaints must be made directly to the manufacturer of the relevant electrical component.

22. The guarantee contained in article 20 and 21 of this Condition will be invalidated if, the Buyer makes or causes or allows any alterations or repairs made to the goods or fits accessories not manufacture or supplied by us if any defect in or breakdown of the goods is due to improper handling or negligence on the part of the Buyer its servants, agents or ontractors or to any other cause outside our control.

23. Goods sold as C.K.D., unassembled or without any electrical components in which the Buyer will use his facilities to assemble or complete the goods by wiring and incorporating electrical components, will not be under any Nordex guarantee. Nordex will not be liable at any time for these goods.

24. We shall be under no liability whatsoever in respect of any loss, damage, injury or expense whatsoever arising from any defect in the goods and in particular (but witout prejudice to the generality of the foregoing) we shall not be liable for any consequential damage or expense or any loss of profit or any liabiliy to third parties incurred by the Buyer in consequence of any defects and the Buyer shall indemnify us fully in respect of all liability, costs, claims, charges and expenses suffered or incurred by us arising from or in connection therewith.

25. When goods are received, the Buyer must notify Nordex in writing within four working days of any shortages or damages. Failing to do so, Nordex will presume that the correct qauntity of goods were delivered, and will not be liable for any complaints of shortages or damage thereafter.

26. If under any Contract of sale the goods are to be delivered in more than one instalment to the Buyer, each such instalment shall be treated as a separate contract and the rights of either party thereunder shall be constructed accordingly. We may suspend delivery of any or all remaining instalments if payment in respect of any instalments is overdue. If we fail to make delivery or shall make defective delivery of the instalments of goods, this shall not affect the obligations of the parties in respect of the remaining instalments.

27. We accept no liability for loss or damage in transit and the Buyer's rights are limited to those arising under any Contract of insurance arranged by us. The Buyer shall be responsible for notifying both the carriers and Nordex in writing of any loss or damage to the goods.

28. Any and all copyrights, design rights, patents, and other intellectual property rights used or embodied in or in connection with any goods supplied by us, including all samples thereorf, shall be and remain our sole property (or that of any relevant third party from whom we shall acquire goods.) The Buyer shall not at any time do, permit or suffer to be done any act or thing which would conflict with such rights and the Buyer shall indemnify us fully and effectively in the event of any breach of its obligations.

29. Where goods are sold packed, the extent of packing and/ or protection necessary will be at our discretion. Any special packing stipulated by the Buyer will be charged to the Buyer's account. Any goods sent unpacked at the Buyer's request will be at the risk of the Buyer.

30. No trade mark or trade name carried on the goods supplied by us may be erased or replaced. The supply of goods by us shall not confer any right upon the Buyer to use any of our trademarks or trade names without our prior written consent.

31. The supply of goods by us shall not confer any right upon the Buyer to use any of our trademarks or trade names without our prior written consent.

32. Any recommendation made by us as to the installation or use of the goods is made in good faith in the belief that it is correct but shall not be treated as a representation or warranty of any kind in relation to the goods. We shall have no liability whatsoever in respect of any damage, liability, cost claim or expense suffered by the Buyer or any third party arising as a result of the following such recommendation.