Società Italiana Lastre S.p.a.

General Conditions of sale

1) VALIDITY: These general conditions apply to all Società Italiana Lastre sales and shall prevail over any other agreement or understanding between the parties, whether tacit or express, except for those exceptions which shall be agreed to in writing by the parties.

2) ACCEPTANCE: Orders received by SIL are subject to SIL’s acceptance in writing. Subsequent changes to orders must also be accepted by SIL in writing.

3) DELIVERY AND TERMS OF DELIVERY: Delivery is made EXW. The delivery dates that may be indicated in the contractual documents are only to be considered as indicative. The order will be processed according to SIL’s capacity.

4) TITLE AND RISK: Ownership of the goods sold passes to the buyer upon payment of the purchase price. All risks pass to the buyer upon delivery.

5) FORCE MAJEURE: SIL shall not be liable for delays in delivery or for failure to deliver, for damages or losses or for other breaches which are not attributable to SIL or are caused by force majeure.

6)PRICES AND PAYMENTS: The method of payment required is payment in advance of the order. Payment must be made by bank transfer. Prices refer to goods delivered ex works and include standard packaging. The first prices in force at the time of delivery apply. SIL may change its price list at any time without prior notice. In the event of non-payment, SIL reserves the right to suspend or cancel orders and deliveries to be made to the Buyer for any reason.

7) WARRANTY: The warranty issued by SIL is solely that provided for by the Italian Civil Code.

8) LIMITS OF LIABILITY: Società Italiana Lastre S.p.A (SIL) declares that the goods delivered are manufactured in compliance with the European standard EN12467. SIL guarantees the mechanical characteristics of the panels as specified in the technical data sheets, which can be downloaded from the website , defined according to the criteria laid down in the EN 12467 standard, taking into account a natural physiological decay of the product. Please note that the guarantee does not cover any aesthetic aspect of the product sold. By way of example only, it is specified that the occurrence of salt efflorescence/lime deposits and/or colour variations due to ageing and/or atmospheric agents and any natural imperfections of the fibre cement (e.g. dots, stains, micro-cracks and lack of adhesion of the paint on the edges) are not considered a defect and therefore do not constitute a right to compensation for damages by SIL. Furthermore, SIL is not responsible for the use of the panels sold to the purchaser. In the case of claims under the warranty for manufacturing defects, SIL will replace the defective materials with EXW delivery and without any additional cost.

9) CLAIMS: Any shortage in the merchandise or obvious damage it has sustained, or any other recognizable defect, shall be noted on the receipt of delivery and the claim shall be made in writing within eight days from delivery. Any other claim shall be made in writing within eight days from the discovery of the defect or from the occurrence of the event, on which the claim is based and in any event, not later than 60 days from delivery of the merchandise. Claims which are not made in writing to the Seller or which are made after the terms indicated above have run, shall not be valid.

10) GOVERNING LAW: This Agreement is governed for all purchases by Italian Law.

11) TAXES VAT: and other duties or taxes similar thereto shall be borne by the Purchaser even if levied after the execution of the Agreement.

12) APPLICABLE LAW AND COMPETENT COURT: All controversies arising from this Agreement or related thereto, shall be submitted only to applicable Italian regulations and to the Courts of Brescia. This Agreement and its interpretation are disciplined exclusively by the Italian law. Società Italiana Lastre S.p.A. shall have the right, however, to bring action against the Purchaser before any other court having the right to hear the case, in Italy and abroad. In accordance with the provisions of articles 1341 and 1342 of the Italian Civil Code, the purchaser declares to have examined the General Conditions of Sale set forth above and on the reverse and to approve the same. The purchaser hereby specifically approves the following articles: Art.1 (Validity); Art.3 (Delivery and Conditions of Delivery); Art.4 (Title and Risks); Art.7 (Warranties);Art. 8 (Limits of Liability); Art. 9 (Claims); Art. 12 (Competent forum).