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MTDERNi 2.4. If the Buyer increases sales volume substantially prices may be changed in form of additional discount.Substantially is defined as an increase of 50%(fifty)or more. 2.5. Company may without notice to Buyer increase the price of the Products in case of a substantial difference between the designated price category and the actual sales. Substantial difference is defined as a percentage difference between the prices of 20%(twenty)or more. 3. Terms of Payment: Unless otherwise agreed to in writing by the Company,Buyer is obliged to pay fifty percent(50%)of the purchase price upon order entry,and the remaining fifty percent(50%)within thirty(30)days of notification of shipment of Products. 3.1. Company may without notice change or withdraw extensions of credit at any time.If Company ceases to extend credit terms before shipment,Buyer's sole remedy shall be cancellation of its order.If Buyer does not receive notice before shipment,its sole remedy shall be rejection of the Products immediately upon delivery. 3.2. If the Buyer fails to make payment on or before the date required, Buyer shall pay interest to the Company at the rate of one and one percent (1%) per month or such lesser amount permitted by law. The specification or charging of interest shall not be deemed an agreement to extend credit. 3.3. If Buyer fails to observe these Terms or the terms of any other agreements between Company and Buyer, or if Buyer becomes insolvent, all balances then due and owing to the Company shall become due immediately,notwithstanding any agreed upon payment periods.Any Orders that have been confirmed by the Company but not yet filled shall in such cases become cancelable at the sole discretion of Company. 3.4. Buyer does not enjoy a right of set-off under any circumstances. 4. Delivery Terms: 4.1. Except as otherwise specified in this Agreement, the Products shall be sold and delivered Ex Works Works MT.DERM GmbH, Blohmstrage 37—61, 12307 Berlin Germany(per Incoterms 2010).Title to and risk of loss for the Products shall pass to Buyer upon delivery thereof to any common carrier at such facility. 4.2. The Delivery Period commences on the day on which any Order and accompanying documents,such as drawings, have been clarified by the Company, but in any event no earlier than the written acceptance of any Order by the Company and shall be no longer than three(3)weeks. Sales which extend over a certain period of time,and where quantities have not been fixed in advance,shall be subject to separate agreements concerning the quantity and delivery period regarding each separate sales transaction and/or request for delivery made by a Buyer. Delivery Periods determine the date of dispatch ex works. All delivery dates are approximate;time shall not be of the essence. 4.3. Buyer will be billed for and shall pay all freight,transportation,shipping,insurance and handling charges, duties, and taxes, including any applicable VAT, sales, personal property, ad valorem, and other taxes, duties, levies or charges imposed by any governmental authority, irrespective of whether applicable law makes such items the responsibility of the buyer or seller, but excluding any taxes payable by Company with respect to its net income. 4.4. Buyer, shall, subject to Company's available facilities at the shipping point, determine the type of transportation and shall notify Company thereof at the time Buyer places each Order. If Buyer shall fail to so notify Company, Company or its agent may select any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products.Company will make deliveries of the Products in the quantities ordered as near as reasonably possible to Buyer's requested delivery dates. 4.5. Company shall use its reasonable efforts to deliver the Products to Buyer by the agreed upon date. However, except in cases of Company's willful misconduct or gross negligence, Company shall not be liable to Buyer for delays in delivery or damage to Products while in transit, irrespective of whether Company or Buyer determined the mode of transportation.