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damage resulting directly from services that it renders to the customer (other than the delivery of goods) shall be limited to cases where MikaMax B.V. has imputably failed in fulfilment of its obligations and shall further be limited to € 4.500 per event or series of interrelated events with a common cause, unless a greater limitation stems from article 6 (b). MikaMax B.V. shall not be liable for unlawful acts that it commits, except insofar as they are a consequence of gross negligence or wilful action by its personnel. MikaMax B.V. explicitly excludes any greater liability than provided for under this article for direct damage incurred by the customer and also any liability for indirect damage incurred by the customer, regardless of reason, including but not confined to delayed delivery of goods and services. • If for any reason MikaMax B.V. is obliged to provide compensation for damage, notwithstanding or on the grounds of the provisions of article 6 (a), the compensation for each event or each series of interrelated events with a common cause shall never exceed an amount equal to the invoiced value of the delivered goods or rendered service that occasioned the damage.

7. RETURNED ITEMS

• MikaMax B.V. shall not take back delivered and accepted products. If there is any departure from this provision – exclusively in writing – the products shall be delivered carriage paid to an address stated by MikaMax B.V.

8. PAYMENT

• Payment of the full amount stated on the invoice must be effected by the customer no later than the stated payment term after the invoice date by transferring the aforesaid amount to the bank account given to the customer by MikaMax B.V. If the customer exceeds this payment term, the customer will be in default ipso jure vis-à-vis MikaMax B.V., without any further notice of default being required. • The customer will in any event (also) be in default vis-à-vis MikaMax B.V.: – if the customer is declared bankrupt or a petition for bankruptcy is filed against it; – if the customer has been granted a moratorium, or if it has applied for a moratorium; – if products supplied or to be supplied by MikaMax B.V. are seized. • MikaMax B.V. shall have the right to postpone any delivery until it has received payment of the price of the delivery plus any other amounts that it is owed by the customer.

9. OWNERSHIP AND RISK

• Delivery of the goods shall transfer the risk but not the ownership of the goods to the customer. MikaMax B.V. shall retain title to all delivered goods until the time of full payment by the customer of everything that it owes MikaMax B.V. for any reason, including interest and costs. • MikaMax B.V. shall arrange dispatch or transport of the products ex-warehouse to the address stated by the customer at the customer’s expense and risk. In all instances MikaMax B.V. shall have the right to take out transport insurance at the customer’s expense, but shall have an obligation to take out such insurance only if and to the extent that it has explicitly given the customer a written commitment to do so. • If a delivery is made ex-warehouse, this delivery will be effected by loading the products onto a means of transport of the customer’s choice. Loading will be at the customer’s own expense, even if the loading is done by MikaMax B.V., and the risk attaching to the products will in any event be transferred to the customer on loading of the products. If the customer does not take delivery of the products, MikaMax B.V. will store these products at the customer’s own expense and risk.

10. FORCE MAJEURE

• Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by nature could not have been foreseen, or, i fit could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy source or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions,

collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

11. NON-FULFILMENT

• If a customer fails to fulfil, fulfil on time or fulfil properly any of its obligations, and also in the event of a petition for bankruptcy, declaration of bankruptcy, a requested or granted suspension of payments or discontinuation or liquidation of the business of the customer, and also if all or some of its assets are seized, MikaMax B.V. shall have the right, without notice of default and without recourse to the courts, to dissolve the agreement unilaterally, in full or in part, or to suspend performance of the agreement, without being liable to provide any kind of compensation and without prejudice to its further rights, including the right to compensation for damage.

12. DEVIATING CONDITIONS

• Departures from these conditions shall be legally valid only if confirmed by MikaMax B.V. in writing.

13. APPLICABLE LAW AND DISPUTES

• Dutch law shall govern these conditions and all offers and agreements to which they apply. • All disputes arising between MikaMax B.V. and a customer, including cases that only one party qualifies as a dispute, shall at the election of the claimant be resolved to the exclusion of all other forums by a competent court of law at Amsterdam or a competent court of law in the defendant’s place of residence.

CONTACT US

MikaMax B.V. Rhone 40 2491 AP - The Hague The Netherlands

+31 (0)85 760 08 98 sales@mikamax.nl Chamber of Commerce nr: 70498075 VAT nr: NL858344701B01 EORI nr: NL858344701 www.mikamax.com