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i GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY MT.DERM GmbH Gustav-Krone-Strage 3 14167 Berlin GERMANY These General Terms and Conditions of Sale and Delivery(these"Terms")are applicable to all U.S.buyers(the "Buyers" and each, individually, a "Buyer") of MT.DERM GmbH, a German limited liability company (the Company"). 1. Terms and Conditions of Sale: 1.1. Company shall sell and deliverto Buyerand Buyershall purchase and acceptfrom Companythe products (herein,the "Products") described on or in any confirmed order, agreement or quotation, or any combination thereof(the"Order"),pursuant to the terms and conditions of the Order and those specified below,which taken together shall constitute the entire agreement between Company and Buyer regarding the Products(herein,this "Agreement"). 1.2. No other terms or conditions shall be of any effect unless otherwise specifically agreed to by Company in a separate written agreement duly signed by an officer of Company. Buyer will be deemed to have assented to all Terms if any part of the Products is accepted by Buyer.If Buyer finds any Term not acceptable,Buyer must so notify Company at once and must reject the Products delivered under this Agreement. Any additional or different terms or conditions contained in Buyer's order or response hereto shall be deemed objected to by Company and shall be of no effect.No general terms and conditions of a Buyer shall at any time form a part of the content of any contract or agreement between the Buyer and the Company, even if they are not further expressly rejected by the Company. 1.3. Subsequent modifications in quantity or quality, if such are requested by Buyer,generally will cause a modification of the quoted price. Drawings and samples enclosed with any quotation remain the property of Company.All drawings and samples shall be treated confidentially by Buyer and must be returned to Company after usage. 1.4. No Order is binding upon the Company until the earlier of acceptance of the Order in writing or the delivery of the Products to the Buyer.Notwithstanding any prior acceptance of an Order by Company,Company shall have no obligation if the Buyer is in breach of any of its obligations hereunder, or any other agreement between the Buyer and Company,at the time Company's performance was due. 1.5. All verbal agreements concerning the terms of any Order, including agreements made by telephone, shall have no force and effect unless and until acknowledged by the Company in writing. 1.6. Buyer shall bear all costs associated with the cancellation or modification of the Order. 2. Prices: 2.1. All price quotations are Ex Works MT.DERM GmbH Gustav-Krone-StraBe 3,14167 Berlin,Germany(per Incoterms 2010)and do not include costs for packaging, postage or other freight charges, insurance or taxes, if any. 2.2. Products' prices will be governed by the Company's current prices in effect from time to time or by special price quotes made to Buyer in writing.A price list available on request. 2.3. Company may without notice to Buyer increase the price of the Products by the amount of any new or increased tax or duty(excluding franchise,net income and excess profits taxes)which Company may be required to pay on the manufacture,sale,transportation,delivery,export,import or use of the Products or the materials required for their manufacture or which affects the cost of such materials.