Article 1. Definitions For the purpose of these Terms and Conditions, the following definitions apply: NMi NMi VSL: NMi Van Swinden Laboratorium B.V., registered in Delft, the Netherlands; client: purchaser of a gas mixture; cylinder: a cylinder, supplied by NMi VSL, for the transport and storage of a gas mixture, delivered to purchaser, including all accessories, such as the valve and protective cap; gas mixture: a gas mixture, or (primary) reference material, prepared by NMi VSL. Article 2. Cylinders 1. NMi VSL delivers gas mixtures exclusively in cylinders, approved by the competent authorities. 2. Cylinders will be supplied only on rental basis for delivery of gas mixtures. The cylinders remain the property of NMi VSL. A stamped number, the name “VSL” and/or the name “NMi”, can recognize the cylinders. 3. The client undertakes to refrain from alienating or encumbering the cylinder and from surrendering the cylinder for use or any other purpose by a third party in any other way. 4. The client undertakes to refrain from using the cylinder for any purpose other than storage of the gas mixture, as packed in the cylinder by NMi VSL on delivery. 5. The client undertakes to use the cylinder, including the valve, in the proper manner. The client shall not use oils, fats or other lubricants when connecting the cylinder and undertakes to take measures in order to avoid pollution. 6. Filling or arrange for filling is not allowed. NMi VSL holds the sole right to fill or arrange for filling the cylinder. Article 3. Rental Term and price 1. The rent of the cylinder starts the day of delivering a gas mixture to client. 2. For the rent of a cylinder client is indebted to NMi VSL an amount per month. A part of a month will count for a month. Invoices will be sent every three months. Article 4. Termination of the rental agreement and returning cylinders 1. The rent ends on the day of receiving the cylinder back by NMi VSL. 2. The client undertakes to return the cylinder to NMi VSL as soon as the pressure under which the gas mixture is stored in the cylinder falls below 0.5 MPa. 3. The client undertakes to return the cylinder to NMi VSL before and/or as soon as the cylinder fails to satisfy government requirements. Article 5. Costs and damages 1. The costs of returning the cylinder are payable by the client. 2. Client is responsible for any loss, damage, destruction or getting lost in any other way in whole or in part of a cylinder. 3. In case of total loss, damage, destruction or getting lost in any other way in whole or in part of a cylinder the client is due to NMi VSL to pay replacement costs, irrespective of client's liability for further costs, damages and interests. Replacement costs amount (exclusive VAT) € 350,00 for the cylinder included accessories and protective cap for cylinders with general cylinder coating and € 570,00 for cylinders with specific coating. 4. Total loss, as mentioned in paragraph 3, includes anyhow a cylinder not being recieved by NMi VSL 90 days after returning a cylinder by client. Article 6. Reclamation of cylinders 1. NMi VSL has the right to reclaim a cylinder without written notice or prompt note. In case there remains a useful quantity of gas mixture in the cilinder above 0.5 MPa, a compensation will be paid, unless replacement by an other cylinder takes place with an equal quantity of gas mixture. 2. Reclamation will take place anyhow if: a. the period of validity of the cylinder will pass in the near future; b. the client is declared bankrupt, goes into liquidation or applies for a moratorium on payments; c. the client fails to meet any of the commitments under these Terms and Conditions in whole or in part, including the payment of the rental amount in due time. 3. If client does not return a cilinder to NMi VSL at first requirement, this will be seen as a total loss, mentioned in article 5, paragraph 3. In case of receipt of the cylinder by NMi VSL within 90 days repayment will take place of the replacement costs, under compensation with other debts, or payment will be let off.

July 2003

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