General Terms and Conditions

1. Pricing

The pricing is refering to the order confirmation, respectively in the contract for work and labor defined scope of work. Performances, which are not explicitely defined in the above mentioned agreement will be charged separately. The mentioned pricing will be accepted as net, excl. any charges and taxes, franco construction site, without unloading and packaging. Special Agreement reserved.

2. Payment conditions

2.1 Mode of Payment

1/3 at order (non-refundable); 1/3 at delivery of material at construction site; 1/3 within 30 days after issuance of final invoice.

2.2 Partial Shipment

In case of partial shipment are paiments to be made in the percentage of the delivery. In case the agreed installation date is deferred by customer by more than three months, 80% of the total amount of the total amount becomes due.

2.3 Expired and non-paid Invoices

Expired invoices and payments are to be paid, even the installed door systems may require reworking measures.

3. TIME OF DELIVERY AND CONSEQUENCE OF DELAYS

3.1 Delays

The time of delivery should be at the time of signing the contractual agreement defined as precise as possible. The delivery condition can only be met when: the neccessary Information and documents are arriving on time for the planning of the Project; when druing the order process no changes are demanded; when the agreed payments arrive BATOR on-time; and when all possible permits of the corresponding authorities arriving on-time. In addition, the delivery date must be extended without charges at force majeure at BATOR or one of ist sub-supplier. Any liability of idemnity due to delayed delivery and ist consequences (e.g. provisional closing of building) will be stipulated by BATOR.

3.2 Penalties

Penalties will be not recognized by BATOR at any time.

3.3 Costs and risks for storage

Costs and risks for storage of doors or components after delivery time will be fully charged to the buyer.

4. TRANSPORT AND TRANSPORT UND HANDOVER

4.1 Storage area

The Transport to the construction site is performed at our risk and our costs. The buyer is responsible for a suitable and dry storage area. The risk for the storaged objects at site are taken over by the buyer.

5. INSTALLATION

5.1 Service on the part of the builder

As Long nothing else is agreed, the installation costs are included in our pricing. Pick work, masonry works, painting work, as well as electrical work is to be performed by others and not included. In addition, the buyer accept the costs for temporary support, for required scaffolding, for wiring, and for light and power. Our installers shall be provided a lockable room for Tools and small parts.

6. LIABILITY

6.1 Damage to property

The legal liability for illness and accedent of any kind by all executable works, including the provisional test run, is applicable for own personnel. For damage to property, unless rough misconduct is proven by our personnel, is in buyer's liability.

7. EXAMINATION AND APPROVAL

7.1 Approval

Each object will be inspected before shipment. After finished work on site (installation period) the buyer may inspect the installed object at his cost. If the buyer does not mentioned written objections within 14 days after the end of Installation, the oject is considered as accepted.

8. GUARANTEE

8.1 Duration of guarantee and guaranteed sum

For the faultless functioning of a door system, the appropriate use and manufacture of raw material, as well as a professional installation, BATOR guarantees 1, respectively 2 years, depending of the type of work.. The duration of the guarantee is defined in the order confirmation or in the contract of work an Labor. The guarantee starts with the date of invoice and can optionally be secured by a bank or insurance guarantee of max. 10 % of the total contract volume. Guarantees in cash will not be accepted by BATOR.

8.2 Warranty

BATOR oblige itself, all faults, which are occuring within the guarantee period by normal use and the corresponding maintenance and are tracable to material Quality, defective execution or design flaws, to improve and/or replace at BATOR's costs. The duty of replacements is not referring to parts that are underlying to regular erosion or wearout. All further liabilities are excluded.

8.3 Termination of guarantee

The guarantee terminates immediately and entirely, when the ordering party itself or by third parties, without our written aceptance, changes or repairs will be performed at the door. This includes all cases where BATOR can prove that the door has been erroneous or insufficient maintained.

8.4 Finish coating

System parts that are only primer coated, are supposed to be finish coated latest three months after delivery. Otherwise BATOR cannot held responsible for corrosion damages.

9. GENERAL

9.1 Stages

The Installation of a automated door system are carried out in two stages: a) raw Installation (door can be used as a Manual door); b) Putting in Operation and handover.

9.2 Technical documentation

After technical clarification BATOR establishes wiring diagrams and provide those to the architect; the connection diagram is provided to the responsible electrician.

9.3 Instructions for Performances by others

During the raw installation our technician instruct in the presence of a representative of the site Management: a) the electrician of how the power and control lines must be installed; b) the mason the Installation of flush-monted parts and contact strips in the ground.

10. DELIVERY AND BATOR INSTALLATION

10.1 Delivery of accessories

BATOR delivers the final drive units, the control units and all control devices indicated in the order confirmation such as contact stripes, light barrier (electric eyes), flexible cabling on the door, key Switch, pull switch, push buttons, Signal lamps, inductive loops, safety mats etc. All parts will be delivered to the site at the charge of BATOR.

10.2 Raw installation

Our raw installation includes fitting of drive units, laying of cables at the door including connection of the control devices attached on the door, fitting of the control unit and control devices excluding flush-mounted devices. Instructions are included according paragraph 9.3.

11. DELIVERY AND ON-SITE INSTALLATION BY OTHERS

11.1 Scope of delivery

Delivery of cable channel, all junction boxes and cable Fitting, including for control unit.

11.1 Scope of work

Installation of cables and to lay the junction boxes with connection on the control unit according the provided wire diagram, fitting of the control unit, Installation of flush-mounted devices.

12. PUTTING IN OPERATION AND HANDOVER

12.1 Putting in operation

The door system must be putted in operation only in presence of our certified technician.

12.2 Handover of object

Examination of circuit points; Adjustments and putting in Operation together with customer's electrician; Instrution of the operating personnel and final handover of the system.

Version: CH-3360 Herzogenbuchsee, January 1, 2007