General Terms and Conditions of A&T Group Companies

GENERAL TERMS AND CONDITIONS OF BUSINESS OF A&T GROUP OF COMPANIES

1. SCOPE OF APPLICATION

(1) The offers and contracts of the companies belonging to the A&T group of companies (A&T Formulation Ltd. and A&T Cosmetics Kft.), (hereinafter referred to as "A&T Formulation") concerning the development, production, adaptation and delivery of A&T Formulation products and concerning further services rendered by A&T Formulation are exclusively based on the following General Terms and Conditions ("GTC"). They also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.

(2) These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer will only become part of the contract if and to the extent that A&T Formulation has expressly agreed to their validity. This consent requirement applies in any case, for example even if A&T Formulation carries out the delivery to the Customer without reservation in knowledge of the Customer's general terms and conditions.

2 CONSTITUTION OF THE CONTRACT

(1) The contract comes into effect with the issuance of a written order confirmation by A&T Formulation or with a delivery by A&T Formulation initiated by the Customer. Any preceding declarations by the Customer, in particular letters of confirmation, shall only be deemed to be an offer to conclude the contract. Oral promises on the part of A&T Formulation prior to the conclusion of this contract are not legally binding and oral agreements of the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they continue to be binding.

(2) Unless otherwise agreed in writing, all offers, the documents belonging to the offers such as product specifications, price lists and other documents of A&T Formulation are non-binding. For the definition of the quality of an A&T Formulation product or a service to be provided by A&T Formulation, only the descriptions in the written order confirmation by A&T Formulation are authoritative.

(3) A&T Formulation always reserves the right to make changes or adjustments to the A&T Formulation Products and, unless otherwise agreed, will inform the Customer of any changes or adjustments at its own discretion.

(4) Unless otherwise agreed, A&T Formulation reserves the property rights and copyrights to all submitted offers, cost estimates, recipes, drawings, illustrations, calculations, brochures, catalogs, models, tools and other documents and aids. The Customer may not make these items and documents accessible to third parties, disclose them, use them himself or through third parties, or reproduce them, either as such or in terms of content, without A&T Formulation's express consent. At A&T Formulation's request, the Customer must return these items in full to A&T Formulation and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Excluded from this is the storage of electronically provided data for the purpose of usual data backup.

3. subject matter of the contract

(1) The respective specific subject matter of the contract results from the Customer's order on which the contract is based and the respective corresponding order confirmation by A&T Formulation. A&T Formulation's services may include in particular:

(a) Delivery of standardized A&T Formulation products which do not require individual customization for the respective Customer (hereinafter "Standard Products").

(b) Development, manufacture and delivery of A&T Formulation products on behalf of and according to the specifications of the customer, which are distributed and sold by the customer under its own name and brand (hereinafter "Private Label Products").

(c) Development, production and delivery of syntheses and/or method developments according to the Customer's specifications (hereinafter "Custom Synthesis").

(2) The development and delivery of Private Label Products or Customer Syntheses shall be carried out in the agreed time frame on the basis of the product specifications/analysis certificates agreed between the Customer and A&T Formulation in accordance with a format specified by A&T Formulation. The customer is entitled to change and adapt the product specifications at any time until delivery.
Any change and adjustment require A&T Formulation's consent to become effective. A&T Formulation will inform the Customer about the possible change of the remuneration and the manufacturing and delivery dates and obtain the Customer's consent thereto. Additional time and costs related to the Customer's changes and adjustments will be charged to the Customer. If the Customer does not agree to the changes, A&T Formulation is not obliged to carry out the changes. A&T Formulation is entitled to charge Customer for the costs of verifying the feasibility of Customer's change requests.

Customer syntheses are based on preliminary conceptions, which have been prepared to the best of A&T Formulation's knowledge on the basis of literature research and A&T Formulation's own experience in synthesizing similar molecules. Nevertheless, there remains a residual risk that the intended custom synthesis is not successful and that the target molecule cannot be produced or cannot be produced in the notified quantity or purity. If the agreed target can only be achieved with considerably higher effort, the previous paragraph shall apply accordingly. If the Customer does not agree to the adjustments, A&T Formulation is entitled to withdraw from the contract and to invoice the services rendered until the withdrawal.

(3) The risk of suitability and use is exclusively incumbent on the Customer. The occurrence of a certain economic success, unless expressly agreed otherwise, is not owed.
(4) In case of non-fulfillment of cooperation obligations on the part of the Customer, A&T Formulation is entitled to terminate the contract after expiration of a reasonable period of time set by A&T Formulation. In addition, A&T Formulation is entitled to charge the Customer for any additional expenses incurred.

(5) A&T Formulation is entitled to invoice orders in due time in case of non-compliance with the provision deadlines set for the Customer.

(6) A&T Formulation is entitled to invoice any additional expenses incurred due to unforeseeable or unannounced conditions in the case of provision and processing orders for third-party materials.

(7) A&T Formulation is entitled to use suitable subcontractors for the fulfillment of partial tasks of the overall order according to its own selection and at its own discretion.

(8) A&T Formulation is entitled to invoice services already performed or to be performed within the scope of the notification of readiness for delivery. Readiness to deliver means that A&T Formulation can invoice order-related services and services which are not directly subject to customer participation at any time. This includes unfinished products (semi-finished products without influence of a possibility of completion on the part of A&T Formulation).

(9) A&T Formulation is entitled to name the Customer as a reference customer, stating his company name.

4. remuneration, reimbursement in the event of termination

(1) Unless otherwise agreed in writing, the remuneration shall be understood as net prices ex works plus statutory value added tax. Any special payments in connection with the payment of the remuneration (e.g. bank charges, currency exchange fees, etc.) shall be borne by the customer. The remuneration is to be understood in Euro. Return of packaging and disposal of packaging shall be agreed separately.
5. terms of payment

(1) The agreed total price or partial payments thereon shall be invoiced in accordance with the agreed payment schedule.

(2) Payments shall be made within 8 days after receipt of the invoice without deduction. A&T Formulation is entitled to issue invoices electronically, unless otherwise agreed. The Customer may request the issuance of physical invoices at any time.
(3) A&T Formulation shall pay within a period of 60 days after receipt and inspection of goods or after Verification of the provision of Services.

(4) In the event of default in payment, the statutory consequences of default shall apply.

(5) Compliance with contractually agreed development, production and delivery deadlines is subject to the Customer's fulfillment of the agreed cooperation or advance performance obligations and other contractual obligations. If the Customer is in default with the performance of its cooperation or advance performance obligations as well as its other contractual obligations, in particular also payment obligations from previous contractual relationships, A&T Formulation may refuse further performance of the service.

(6) Offsetting or retention on the part of the Customer shall only be permissible due to undisputed or legally established counterclaims of the Customer.

(7) A&T Formulation reserves the right to make claims and agreed payment terms due immediately in the event of changes or insufficient creditworthiness of the Customer or, in order to ensure the ability to continue as a going concern, to at one's own discretion to change.

6. DELIVERY, PERFORMANCE TERMS

(1) Delivery shall be EXW (Incoterms 2020), unless expressly agreed otherwise. In the case of import into non-EU countries, the customer shall also be responsible for organizing the import. Any import restrictions to the place of delivery requested by the Customer shall be borne by the Customer.

(2) All deadlines stated by A&T Formulation, in particular development and delivery dates, are only binding if they are expressly designated as binding by A&T Formulation. The expiry of binding deadlines entitles the Customer to assert the statutory rights to which he is entitled - subject to the corresponding restrictions in these GTC - but only after the unsuccessful expiry of a reasonable remedy period set by him.

(3) A&T Formulation shall not be liable for impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g. (3) A&T Formulation shall not be liable for impossibility of delivery or for delays in delivery caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, epidemics and pandemics, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in procuring necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which A&T Formulation is not responsible.
If such events make the delivery or service considerably more difficult or impossible for A&T Formulation and the hindrance is not only of temporary duration, A&T Formulation is entitled to withdraw from the contract. In the case of hindrances of temporary duration, the delivery or service deadlines will be extended or postponed by the period of the hindrance plus a reasonable start-up period. If the Customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediate written declaration to A&T Formulation.

(4) A&T Formulation is entitled to make partial deliveries if

- the partial delivery is usable for the Customer within the scope of the contractual purpose,

- the delivery of the remaining goods is ensured and

- the Customer does not incur significant additional expenses or costs as a result (unless A&T Formulation agrees to bear these costs).

7. transfer of risk

(1) The risk shall pass to the Customer at the latest upon handover of the delivery item to the forwarding agent, carrier, other third party designated to carry out the shipment or to the Customer itself, whereby the start of the loading process shall be decisive. This also applies if partial deliveries are made or A&T Formulation has assumed other services (e.g. shipping). If the shipment or the handover is delayed due to a circumstance the cause of which lies with the Customer, the risk shall pass to the Customer from the day on which the goods are ready for shipment and A&T Formulation has notified the Customer of this.

(2) If delivery is delayed at the Customer's request, the risk shall pass to the Customer from the day of notification of readiness for dispatch.

(3) Storage costs after transfer of risk shall be borne by the Customer. In case of storage by A&T Formulation, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per expired week. A&T Formulation reserves the right to claim and prove further or lower storage costs.

(4) A&T Formulation will insure any deliveries against theft, breakage, transport, fire and water damage or other insurable risks only upon the Customer's express written request and at the Customer's expense.

(5) Insofar as the contractually agreed services require acceptance, the product is deemed to be accepted if

- the delivery has been completed,

- A&T Formulation has notified the Customer of this with reference to the acceptance fiction according to this paragraph (5) and has requested the Customer to accept the product,

- twelve working days have passed since the delivery of the development result or the Customer has started to use the A&T Formulation product (e.g., has started to distribute the product).e.g. has started to distribute the product or uses the product in the context of its own production) and in this case six working days have passed since delivery, and

- the Customer has failed to accept the A&T Formulation Product within this period for a reason other than a defect notified to A&T Formulation which makes the use of the A&T Formulation Product impossible or significantly impairs it.

8. retention of title, prohibition of assignment

(1) A&T Formulation retains title to the delivered A&T Formulation Products until full receipt of the contractually agreed payments on A&T Formulation's claims arising from the underlying contract (delivery of A&T Formulation Products) and any business relations with the Customer concerning similar A&T Formulation Products preceding this contract, including statutory claims. The Customer is obliged to mark the A&T Formulation Products not yet in his ownership accordingly.

(2) The Customer may use the A&T Formulation Products subject to retention of title and resell them in the ordinary course of business as long as the Customer is not in default of payment. However, the Customer may not pledge the A&T Formulation Products subject to retention of title or assign them by way of security. The Customer hereby assigns to A&T Formulation in full, by way of security, the Customer's claims for payment against its customers from a resale of the A&T Formulation Products subject to retention of title as well as those claims of the Customer with regard to the A&T Formulation Products which arise for any other legal reason against its customers or third parties (in particular claims in tort and claims for insurance benefits), including all balance claims from the current account.

(3) The Customer may collect these claims assigned to A&T Formulation for his account in his own name on behalf of A&T Formulation as long as A&T Formulation does not revoke this authorization. This does not affect A&T Formulation's right to collect these claims itself; however, A&T Formulation will not assert the claims itself and will not revoke the authorization to collect as long as the Customer duly meets its payment obligations.
(4) However, if the Customer behaves in breach of contract - in particular if he is in default with the payment of a claim for remuneration - A&T Formulation can demand from the Customer that he informs A&T Formulation of the assigned claims and the respective debtors, notifies the respective debtors of the assignment and hands over all documents to A&T Formulation and provides all information that A&T Formulation requires to assert the claims.

(5) Any processing or transformation of the A&T Formulation products subject to retention of title by the Customer is always carried out for A&T Formulation. If the A&T Formulation products subject to retention of title are processed with other items that do not belong to A&T Formulation, A&T Formulation acquires co-ownership of the new item in the ratio of the value of the A&T Formulation product (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the new item created by processing as to the A&T Formulation products subject to retention of title.

If the A&T Formulation products subject to retention of title are inseparably combined or mixed with other items not belonging to A&T Formulation, A&T Formulation shall acquire co-ownership of the new item in the ratio of the value of the A&T Formulation products subject to retention of title (final invoice amount including value added tax) to the other combined or mixed items at the time of combination or mixing. If A&T Formulation products are combined or mixed in such a way that

the Customer's item is to be regarded as the main item, the Customer and A&T Formulation agree already now that the Customer shall transfer co-ownership of this item to A&T Formulation on a pro rata basis.

(6) If A&T Formulation withdraws from the contract in the event of conduct by the Customer in breach of contract, in particular in the event of default of payment, A&T Formulation is entitled to take back the A&T Formulation products not yet owned by the Customer at the Customer's expense and/or to claim damages from the Customer. Further claims of A&T Formulation remain unaffected by this.

(7) In the event of seizures, confiscations or execution measures by third parties, the Customer must notify A&T Formulation immediately in writing.
The Customer shall bear the costs of asserting and enforcing A&T Formulation's claims with regard to the A&T Formulation products not yet owned by the Customer.

(8) If the value of the existing securities exceeds the claims of A&T Formulation against the Customer from the underlying contract and any business relationships preceding this contract concerning similar products between A&T Formulation and the Customer by more than 10 %, A&T Formulation is obliged, at the Customer's request, to release corresponding securities at A&T Formulation's discretion.

9. WARRANTY

(1) The subject of the contract is exclusively the A&T Formulation product with the properties and characteristics as well as the intended use according to the individual contractual agreement and the product specification or the certificate of analysis [item 3 (2)] on which the individual contract with the Customer is based. There is no defect and the warranty is excluded if and insofar as

- the defect is due to the fact that the A&T Formulation Products are not transported and/or stored protected from light, or

- the defect is due to the fact that the A&T Formulation Products are not transported and/or stored at the recommended room temperature of 15 to 25°C, or

- the A&T Formulation Products have been outside A&T Formulation-controlled or A&T Formulation-certified storage facilities for more than three months, or
- the A&T Formulation products are further processed by a third party without prior consent, or

- the A&T Formulation products show segregation phenomena such as sedimentation and/or creaming due to the raw materials, or

- the A&T Formulation products contain traces of other raw materials usable according to EC/1223/2009 and DIN EN ISO 22716 due to technical reasons, or

- the raw materials regulated as marketable by A&T Formulation according to EC/1223/2009 and DIN EN ISO 22716 are not recognized by third parties, or

- the A&T Formulation products have been modified in the course of technical progress or internal process changes, or
- the A&T Formulation products show variations in actuators according to EC/1223/2009 and DIN EN ISO 22716 such as buffers and/or gel formers,
- the A&T Formulation products were adjusted to maintain the ability to deliver.
(2) Other or more extensive properties and/or characteristics and/or a purpose of use beyond this shall only be deemed agreed if they are expressly confirmed by A&T Formulation in writing. Unless otherwise contractually agreed between A&T Formulation and the Customer, enclosed product descriptions as well as the individually agreed quality do not constitute an assumption of a quality or durability guarantee.

(3) A&T Formulation reserves the right to deliver 10% more or less than the order quantity due to manufacturing and material-specific features. Differences in quantity will be compensated within the scope of a follow-up order.

(4) The Customer is obliged to carefully inspect the delivered A&T Formulation product immediately after delivery to him or to the third party designated by him. The respective product shall be deemed approved by the Customer with regard to obvious defects or other defects that would have been recognizable in the course of an immediate, careful examination, if A&T Formulation does not receive a written notice of defect within five working days after delivery. With regard to other defects, the A&T Formulation products are deemed to have been approved by the Customer if the notice of defect is not received by A&T Formulation within five working days after the time at which the defect became apparent; if the defect was already apparent to the Customer at an earlier time during normal use, however, this earlier time is decisive for the beginning of the period for giving notice of defects. At A&T Formulation's request, a A&T Formulation product which is the subject of a complaint must be returned to A&T Formulation carriage paid. In case of a justified complaint, A&T Formulation will reimburse the costs of the most favorable shipping route; this does not apply if the costs increase because the A&T Formulation product is located at a place other than the place of intended use.

(5) In the event of material defects of the delivered A&T Formulation Product, A&T Formulation shall first be obliged and entitled to rectify the defect or to make a replacement delivery at its discretion within a reasonable period of time. In case

of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the Customer may withdraw from the contract or reasonably reduce the purchase price.

(6) A&T Formulation is entitled to refuse non-performance altogether if it is only associated with disproportionate costs or is impossible for other reasons. Further rights of the Customer remain unaffected.
(7) The warranty period is one year and begins with the delivery to the Customer or another recipient named by him or from the time of acceptance, if and to the extent that acceptance is required. This period does not apply to claims for damages of the Customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by A&T Formulation or its vicarious agents, which shall be time-barred in each case in accordance with the statutory provisions.

(8) A&T Formulation products may be products that require official approval. It is the Customer's responsibility to obtain any necessary official approvals/certificates and to inquire about the requirements in advance of an order and to inform A&T Formulation about them. A&T Formulation does not guarantee that the A&T Formulation products, in particular the private label products or custom syntheses, meet the requirements of an official approval.

10. LIABILITY

(1) In case of intent and gross negligence, A&T Formulation is liable without limitation.

(2) In the case of simple negligence, A&T Formulation shall only be liable

a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of an essential contractual obligation (i.e. an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and the observance of which the contracting partner regularly relies on and may rely on); in this case, however, liability shall be limited to compensation for the foreseeable, typically occurring damage. The limitations of liability resulting from the above sentence do not apply if A&T Formulation has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims of the Customer under the Product Liability Act.

Any further liability of A&T Formulation is excluded.

(3) Insofar as A&T Formulation provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by it, this is done free of charge and to the exclusion of any liability.

11. PROPRIETARY RIGHTS AND INFRINGEMENTS

(1) All existing registered and unregistered property rights and know-how shall remain with A&T Formulation. This also applies to any property rights and know-how arising during the development and production of private label products or customer syntheses. The Customer is not entitled to use any information provided to him which concerns registered and non-registered property rights and know-how of A&T Formulation for purposes outside this contract (e.g. own production).

(2) If, after effective conclusion of the contract between A&T Formulation and the Customer, infringements of property rights are asserted against the Customer by third parties and if the use of A&T Formulation products is impaired or prohibited as a result, A&T Formulation will, within a reasonable period of time, at its own discretion, modify or replace the A&T Formulation products in such a way that they no longer affect the property rights of third parties but nevertheless comply with the contractually agreed quality. Instead of the aforementioned procedure, A&T Formulation is entitled to rescind the contract concluded with the Customer and to take back the A&T Formulation Products against reimbursement of the remuneration paid by the Customer after deduction of an appropriate value replacement for products that cannot be returned.

(3) If claims are made against the Customer by third parties due to an alleged infringement of property rights by A&T Formulation products, the Customer shall leave the sole decision on the conduct of disputes resulting therefrom to A&T Formulation. In particular, the Customer may not conclude any settlement or make any other concessions without A&T Formulation's prior written consent. A&T Formulation will bear the entire costs of any legal dispute that may become necessary.

(4) A&T Formulation is not liable for infringements of property rights if A&T Formulation products have been used in a form not authorized by A&T Formulation.

(5) The Customer guarantees that specifications provided by him do not infringe any third party property rights. If claims are asserted against A&T Formulation by third parties in this context, the Customer is obliged to indemnify A&T Formulation against claims of third parties for infringement of property rights, insofar as these claims of third parties are attributable to the Customer's specifications.

13. secrecy

The Customer is obliged to keep secret all information made available to him or of which he becomes aware in connection with the contract, including information about the nature of the A&T Formulation products and about analytical, development, synthesis and process technology.

14. Website

(1) In General: Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period and we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by A&T Formulation Limited (the “Linked Sites”). A&T Formulation Limited has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

(2) Privacy Policy: Our privacy policy, which sets out how we will use your information, can be found at our PRIVACY POLICY. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

(3) Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through this Website remains the property of A&T Formulation Limited or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by A&T Formulation Limited and its licensors. You may store, print and display the content supplied for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by A&T Formulation Limited or its licensors.

A&T Formulation Limited reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

(4) Prohibitions: You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. A&T Formulation Limited will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

(5) Disclaimer of Liability: The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law A&T Formulation Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(6) Linking to this Website: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

(8) Indemnity: You agree to indemnify, defend and hold harmless A&T Formulation Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

(7) Disclaimer as to ownership of trade marks, images of personalities and third party copyright: Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with A&T Formulation Limited and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to A&T Formulation Limited.

(9) Variation A&T Formulation Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

(10) Invalidity: If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

(11) Complaints: We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.

(12) Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

14. CONCLUSIONS

(1) In case of doubt, the provisions of these GTC shall remain binding in their remaining parts even if individual provisions are legally invalid. The parties undertake to replace invalid provisions with provisions that come as close as possible to the intended economic success. The same shall apply to any loopholes in the contract.

(2) Amendments or supplements to these General Terms and Conditions as well as confirmed orders must be made in writing. This shall also apply to any amendments to this written form clause.

End of GTC. 14.09.2023.

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