International Paint LLC

5. PRICE AND PAYMENT: Unless otherwise agreed by the Parties in writing, the price for the Products will be the price quoted plus value added tax and any other tax that may apply in respect of the Products. The weights, numbers and volumes determined by AkzoNobel will be decisive for calculation-purposes, unless Buyer objects within 14 days from delivery. Buyer must not withhold payment of any amount due to AkzoNobel because of any set-off, counter-claim, abatement or similar deduction, unless the latter counter-claim is accepted by AkzoNobel or validly established in court. 30 days from the invoice date Buyer will fall behind without any explicit warning. A payment is deemed to be effected if the payment is credited to AkzoNobel. All payments have to be free of costs and charges for AkzoNobel. In every other event Buyer will immediately reimburse AkzoNobel for any and all costs incurred or expended.

“PRICE AND PAYMENT” · Allgemeine Lieferungs u Zahlungsbedingungen - English · open the document (PDF)

3. DELIVERY / TRANSFER OF RISK: Unless otherwise agreed to by AkzoNobel in writing the delivery term is EXW. AkzoNobel is free to choose the shipping method and is not held to coose the cheapest option. Communicated delivery times only constitute estimates and will not be binding. Risk of loss in the Products will transfer to Buyer upon tender of the Products to Buyer or the carrier at AkzoNobel’s shipping facility. Oversell or undersell are allowed as far as they are customary in trade. If Buyer is in default of acceptance, AkzoNobel may upon its own choice send the Products to Buyer at Buyer’s costs or even store the Products outside. In this case AkzoNobel will not compensate any random loss in connection with that. Any of AkzoNobel’s duties to deliver are subject to the fact that AkzoNobel will be delivered, itself. Buyer will pay for the quantity delivered and may not reject any delivery of Product on the grounds of variation of quantity where such variation is not more than 10% of the quantity ordered.

“DELIVERY / TRANSFER OF RISK” · Allgemeine Lieferungs u Zahlungsbedingungen - English · open the document (PDF)

7. Guarantees: Our products satisfy AkzoNobel’s standard product specifications. This includes information on product data sheets and security data sheets which the buyer must observe. Beyond that, we do not provide any guarantees concerning the quality of our products. We will provide rectification in case of legitimate defect claims. In case of recourse of the entrepreneur under Section 445a of the German Civil Code, it will be assumed that defects were not present or not reported by the buyer, despite proper inspection, in violation of the buyer’s reporting obligations at the time of the transfer of risk to the buyer, unless this assumption cannot be reconciled with the type of object or defect. If the buyer exercises recourse claims, the buyer will be treated by us as if the buyer exercised all legally permitted contractual options against the buyer’s contract parties (e.g. refusing rectification due to disproportionality or limiting compensation to an appropriate amount).

“Guarantees” · International Farbenwerke GmbH, Sachsenkamp 5, 20097 Hamburg, Germany · open the document (PDF)