Terms of Trading

1. The following conditions apply to all deliveries and services arising from contracts with companies. We do not recognize conflicting conditions, also when orders are carried out without explicit prior refusal of conflicting conditions. Deviant conditions are only valid on the basis of a contract signed by both parties.

2. Our offers are open and non-binding. Incoming orders first become binding when our written confirmation of order is issued. The same applies to oral and telephone agreements.

3. Delivery dates stated by us are to the best of our knowledge and non-binding. In particular, acts of nature beyond our control, extreme weather conditions as well as labour, energy or raw material shortages, effects of industrial disputes, production disruptions, traffic disruptions or similar delivery hindrances, invalidate our delivery obligations. The same applies when our suppliers do not deliver, or do not fulfil their delivery obligations.

4.1. Our sales prices are quoted subject to additional value-added tax to be applied at the valid rate. Unless explicitly otherwise agreed, the delivery conditions apply ex-quarry or ex-works. An explicitly agreed dispatch occurs at the expense and risk of the customer. 4.2. Unless explicitly otherwise agreed, payment of our invoices has to take place within 30 days of invoice receipt, net cash. If the payment deadline is exceeded, we reserve the right to apply default interest at the statutory rate. 4.3. We are entitled to demand payment in advance or to retreat from the purchase order if the creditworthiness of the customer is rated below average by a recognized financial information agency; this applies in particular when a worsening in creditworthiness first happens after conclusion of a purchase order.

5.1. We retain the ownership of the goods sold until payment of all present and future demands resulting from the purchase order and ongoing business relationship (secured claim) has taken place. Goods subject to reservation of ownership may neither be pledged to third parties, nor assigned as collateral before full payment of the secured claims. 5.2. In the case of conduct in breach of contract on the part of the buyer, in particular on non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory regulations and to demand return of the goods on account of the reservation of ownership and the withdrawal. If the buyer does not pay the due purchase price, we are only allowed to assert these rights if we have set the buyer an appropriate period for payment without success, or if such a deadline is unnecessary under statutory regulations. 5.3. The buyer is allowed to resell and/or process goods under reservation of ownership in the normal course of business. In this case, the following complementary terms apply: • The reservation of ownership extends to the products resulting from processing, mixing or binding of our goods to their full value, whereby we act as the producer. In the case of processing, mixing or binding of goods of a third party with right of ownership, we acquire co-ownership in proportion to the invoice values of the processed, mixed or bound goods. Furthermore the same applies to product as for the goods delivered under reservation of ownership. • Claims for payment from third parties resulting from a reselling of the goods or sales of the product are assigned to us for safety in total or in the co-ownership proportion set out in the previous paragraph. We accept this assignment. The obligations of the buyer named in §5.1 also apply to the demands assigned to us. • The buyer is authorized, alongside us, to collect the claim. We undertake not to collect the claim as long as the buyer fulfils his payment obligations to us, no application to commence insolvency proceedings has been filed and no other financial incapacity applies. Otherwise we may demand that the buyer informs us of the assigned claims and their defaulters, conveys all details necessary to collect the claim, gives us the relevant documents and informs the defaulters (third parties) of the assignment to us. 5.4. If the realizable value of the securities provided for us exceeds the total value of our claims by more than 10%, we shall, upon request of the buyer, release securities of our own choice.

6.1. The customer has to examine goods for deficiencies or deviations in quantity immediately after delivery. A defective delivery, in total or in part, has to be notified in writing immediately after detection. The notification period for deficiencies recognizable after a careful, and appropriate examination of the goods is a maximum of one week after delivery. If the customer fails to notify a deficiency immediately or within the allowed period, or if the form of notification is incorrect, the goods are deemed to have been approved, even in respect of this deficiency. 6.2. Ball clay is naturally occurring product and can give rise to margins of tolerance in its properties. Deviations within appropriate limits are not a deficiency. This applies particularly to weight losses during storage or transport, which are caused by drying of the clay. The weight of the dispatched clay is definitive, as determined by certified calibrated scales. Our clays and clay powders are not allowed to be used in the food- and animal feed industry. 6.3. Our advice is based on many years of experience. However it is non-binding and does not free the buyer from examining our products himself in respect of their fitness for purpose. 6.4. Samples accompanying offers are average samples. The sending of samples does not constitute a sale by sample in the sense of §§ 454 ff. BGB.

6.5. The guarantee period is one year from delivery if the goods are not used according to their normal use for a building. 7.1. We are liable only for damage caused by us through gross negligence or wilful intent. If in breach of major contractual obligations, we are also liable in the case of slight negligence. In this case, liability is limited to the damage reasonably foreseeable at conclusion of the contract.

7.2. Our liability due to a delay in delivery is limited to five percent of the amount of the order in the case of a minor breach of obligations. We are not liable for consequential damages, for example lost profit. Our total liability is limited to the amount of the corresponding order.

7.3. Liability on account of compulsory legal regulations, contractual agreement or warranty or due to personal damage and its consequences remains unaffected. 8. The place of fulfilment for delivery and payment is Ransbach-Baumbach. The sole court of jurisdiction is Montabaur. The laws of the Federal Republic of Germany apply without conflict-of-law rules and without applying the UN Convention on contracts for the international sale of goods (UN sales law).