Terms and Conditions

TERMS AND CONDITIONS

I. Trade Terms:

[1] FOB Taiwan

1) For orders of minimum or exceeding US$5,000.00; and are shipped by air/sea freight.

2) For orders less than US$5,000.00; and are shipped by designated express couriers at

purchaser's expense.

[2] Ex-Works

1) For orders less than US$5,000.00; and are shipped by air/sea freight.

II. Standard Lead Time:

2 to 3 weeks after confirmation of order and upon receipt of payment

III. Payment Terms:

100% T/T in advance

IV. Minimum Order:

No minimum order requirement. Please refer to "Trade Terms" for extra costs associated with small-quantity purchase orders.

V. Label and Packing:

Standard labeling and packing for products are with "AXTECH" brand name labels and white box. Private labeling and custom packing service is available; please inquire directly for details and quantity requirements.

VI. Product Warranty:

1) Batteries should be free of defects in material and workmanship for 12 months from date of shipment.

2) All warranties shall be repaired or replaced or credited at choice of Axtech Ltd.

3) The warranty provided by Axtech shall not extend to any defects, which are directly attributable to misuse, repair or installation contrary to agreed procedures, accidental or negligent damage, or modifications to the products that have not been approved by Axtech Ltd., not shall it extend to deficiencies in consumable parts subject to normal wear and tear.

4) The aforesaid warranty is expressly in lieu of all other conditions and warranties, express, implied, or statutory, including without limitation any implied warranties of mercantability or of fitness and to the extend permitted by applicable law all other liabilities of Axtech Ltd. with respect to defect or deficiency applicable to or resulting directly or indirectly from, the products supplied by Axtech Ltd., whether in contract or in tort or in negligence or otherwise, Axtech Ltd's liability shall under no circumstances exceed the invoice price of any product for which warranty claim is made, nor shall manufacturer in any event be liable for any special, indirect, incidental or consequential damages, lost profits or damages or loss of use.

VII. Product Liability:

1) Purchasers will provide their customers with documentation setting out the terms of Axtech Ltd.'s warranty and repair policy. The customers of purchasers or their dealers will not be required to return warranty cards to Axtech Ltd.

2) Purchasers shall not make any promises or representations or offer any warranties or guarantees beyond those clearly stated in this "Terms and Conditions" agreement without the consent of Axtech Ltd., which shall not be unduly withheld.

3) Purchasers will inform Axtech Ltd. of relevant issues in the area of product liability, which may have an effect on the sale of the products. Purchasers will include in the product literature, technical and promotional documentation, notices, warnings, comments or other information apt to reduce the possibility of product liability charges against any party in the distribution channel.

VIII. Return Policy:

1) All returned products must carry a "Return Merchandise Authorization" (RMA) number issued by Axtech Ltd.

2) All returned products will be inspected and tested by Axtech for confirmation of defect liability.

3) All items returned to Axtech for warranty claim with unknown sources will be disposed of or returned to the sender at the sender's expense.