Voestalpine Railway Systems Nortrak LLC

Buyer to any invoice issued by the Company. 11.8 Time shall be of the essence in respect of the payment timescales set out in Condition 11.5 and any timescales which may be substituted for them by the agreement in writing of the parties. 11.9 Save as otherwise expressly provided in the Contract or required by law, all payments to be made by the Buyer to the Company under the Contract shall be made in full and without any set-off or any deduction or withholding including on account of any counter- claim. 11.10 If the Buyer fails to make any payment due to the Company under the Contract on or before the due date the Company shall be entitled to withhold further deliveries of Goods until payment of all overdue sums has been made and to cancel any or all orders accepted under Condition 2.1 which have not yet been delivered. 11.11

“Buyer to any invoice issued by the Company” · TERMS AND CONDITIONS FOR THE SALE OF GOODS · open the document (PDF)

Delivery of Goods. Delivery of goods is subject to Incoterms 2010 of the International Chamber of

“Delivery of Goods” · Dec 2019 · open the document (PDF)

2) No guarantee. The information and product properties contained in this printed material are non-binding and serve the sole purpose of technical orientation. They do not replace individual advisory services provided by our sales and customer service teams. The product information and characteristics set forth herein shall not be considered as guaranteed properties unless explicitly stipulated in a separate contractual agreement. For this reason, voestalpine shall not grant any warranty nor be held liable for properties and/or specifications other than those subject to explicit agreement. This also applies to the suitability and applicability of products for certain applications as well as to the further processing of materials into final products. All application risks and suitability risks shall be borne by the customer. The General Terms of Sale for Goods and Services of the voestalpine Steel Division shall apply to all materials supplied by the voestalpine Steel Division and can be accessed using the following link: www.voestalpine.com/stahl/en/The-Steel-Division/General-Terms-of-Sale Technical changes are reserved. Errors and misprints are excepted. No part of this publication may be reprinted without explicit written permission by voestalpine Stahl GmbH.

“No guarantee” · VAST-W25039 Datenblatt-alform-Laser-EN-190925 · open the document (PDF)

Information. voestalpine Rotec GmbH Page 17/20 As of 06/2021 General Terms and Conditions of Sale and Delivery 12.5 The aforementioned obligations relating to Confidential Information shall not apply if the Customer can prove the following: (i) the information was already generally available at the time of the disclosure or became generally available thereafter through no fault of its own; (ii) the information was already in its possession at the time of disclosure; (iii) the information was made available by a third party with no obligation to refrain from disclosing or utilizing the information, provided that this third party did not directly or indirectly receive the information from voestalpine Rotec or a company affiliated with voestalpine Rotec within the meaning of Sec. 15 of the Austrian Stock Corporation Act (AktG); or (iv) the information must be disclosed to government authorities under applicable mandatory law. 12.6 The Customer may only use the Confidential Information disclosed to it by voestalpine Rotec for its intended purpose. It shall use the same care in protecting the secrecy of this information that it uses in protecting its own information, but at least the care required in normal business practice. 12.7 Specific information does not come within the aforementioned exceptions per se because it is encompassed by general knowledge and experience that come within this exception. Likewise, a combination of individual pieces of information does not come within

“Information” · voestalpine Rotec GmbH · open the document (PDF)