SALES CONTRACT Revised - (HQP BONG MUA HANG) HAIYEN INDUSTRIAL GASES CO., LTD (The BUYER) Céng ty TNHH Khi Céng nghigp Hai Yén ‘Add: No, 7 - Dong Xuyen Industrial zone, Rach Dua Ward, Vung Tau City, Vietnam TeliFax: 84.254.3 618777 / 84.254.3 615780 P.O No. 02./HYG — KDTM — Wess P.O Date (Ngay dat hang): OSOU. L2022. Represented by(Nguéi dai dién): Phan Thi Hoa The Seller’ Quotation No.(Sé bao gié eda Bén Ban) 0000612592 & 0000612615 Date of quotation (Ngay béo gid): 22825,03,2022 The Buyer’ PRIMSR/Invitation No.: by email (S6 PRIMSR/Thu moi chao gi cia Ben Mua) Wessington Cryogenics Limited (The Seller) Add: 2 Gadwall Road, Rainton Bridge South, Houghton le Spring, Tyne & Wear, DH4 SNL, ENGLAND Tel, +44 (0)191 512 0677 - Fax.+44 (0)191 512 0745 Account No.: 02978498 Banker: Lloyds Bank Plc, Sunderland Branch, 54 Fawcett Street, Sunderland Tyne and Wear SR1 1SF Sort Code : 30-98-34 IBAN: GB17LOYD3098 3402 9784 98, BIC: LoYDGB21 156 Account Name: Wessington Cryogenics Ltd Represented by (Ngudi dai dién): Dave A Easton Zmwortant notes: The General Terms and Conditions & Appendix No.01 attached in the following pages isan integral part of this Offer/Order (Diéu kién YG du khoan, phy luc No. 01 dinh k&sn sau dy 18 mat phn Kingng tnd teh sen lia Chao gid/Bon at hang nay) No. | Ti Cale | Sopra wort ai Speionieqproma Tait Fics | Bande (Pham vi cung cép, tiéu chudn/yéu elu Bon gid | (Thanh tién) le cae | ae ‘neal Deseo: 150 PACK Za00, SU ar ANSE VeeT County oF OF OR 1] 0970:2006-0 180 PACK 2000-60 Bar ASME Vers Set | 2] 4435000] —Ba-500.0 (Technical Speciation of Tank eet a8 per Appendix No.of ettachewh | sttns200 | sin, Lites Sing-Is0pAcK2000Frame 12-85 | se | 2 | coooren| sooooeo ‘Shackle with Ali Ferrels 45 deg Angle Four Leg Wire Rope Sing TO DNV'S7.1 Logs 4.2m x om, 6x86 IWR Gal Fited ito Simm Geog Quad Assy RHOL 1960 NY MIM AW Thimble Eyes Each End 8.5 Tonne SWI ow Safely Pin, Shackles Proot Test O Load Sings = Prise Inde Requle Test Certs for Shackles, Wire, Sings on Belvery 4 | Soon | ioinecorrent SLR 1212-sier-caton set | se | 4 | onac000| oncoo.o © | Monee | Yate Retel-2lnchxtinch ute tabarase | peg | 3 | 99002] 00,000.00 Thread 5 1400-4766 Valve - Relief - 1 Inch inlet x 1-1/4 inch outlet 6 bar UV Pes 2 390.00 780.00 Stamp ©] *Stoeesa | See DP Couge-o-70Hz0Mosel ea Wes | res | + | srec0] — ersoo Logo) 7 | Soost0s | Gauge Presaue-o-tha vain oases! | pes | + | aasco] s4sgo 100mm Panel M 11 Bar/PSI 3/8 inch BSP. ‘BK FPM; Stainless Steel Caso, Grass intemal Glyeons red 2 pet} Ata /,Specific Conditions (Biéu kign va Dida |i. Warranty (Bao hanh): 18 months from the date of delivery | Khoan riéng): 8 | 8000-4330 | Vacuum Pump Sales Package with 40KF Pumping Set | 1 6,300.00 | 6,300.00 Adaptor (Technical Specification & Details as per ‘Appendix No. 04 attached) TOTAL, oa In word's: Pound sterting Ninly seven thousand, three hundred and ten only weeks (early June, Dhia SNL, ENGLAND. 2. Delivery time (Thdi gian giao hang): lead time within 10 2022), Houghton le Spring, Tyne & Wear, shipments, 3. Delivery terms (Bibu kign Spring, Tyne & Wear, DH4 SNL, ENGLAND in 02 giao hang): EXW, Houghton Te + ISO PACK 2000 6.0 Bar ASME Ver 3 ~ Pump package & Spares 4. Payment Term (Thai hen thanh tony: Credit Letter (LIC) payable at sight Outside Vietnam-The Seller | 6. Bank Charge (at the account of Weide Veta The Buyer; 100% Irrevocable Trans-shipment: 5. Shipment requirements (VEu cBu Khi giao hang): Partial shipment: Allowed © Allowed OF Not Allowed CINot Allowed @ Singed Po/contract © Invoice (Héa dom) Packing Lis ( Phibu adng hang) Delivery Note: AWB/BL/Courier Bill O Valves Certificates Cl Material test report D User Handbook Manufacturing Certificate L FOR AND ON BEHALF OF THE SELLER (Signatory & i Eegumens shal be supplied al delivery and Yor payment by the Salar Eb ‘ching tar ‘$6 duo cung cp va 8 thanh toan béi bén ban) (on ast hang). Cert of Origin by Chamber of Commerce © Cert of Qualty/Conformity/Compliance O Test ReportiCertiticates © Cortiticate of LRQA Register O Werranty Certificates C1 Manufacture data report © Mit Certificate 1 U-Stamp ASME Name plate stamp FOR AND ON Packing: Export standard Marking: HAl YEN Industrial Gases Co, Ltd. No. 7 Road, Dong Xuyen Industrial Zone, Rach Dua Ward, Vung Tau City, Ba Ria — Vung Tau Prov, Documents Not + Alldocuments not marked (11) should be provided directly to Hye + The documents marked ( EI ) shall be supplied to the Bank issues of LC. BEHALF OF THE BUYER KS (xcs wa YOMHAT YEN, & TDS —_ PHO GIAMBOC han Chi ¢ Hoe myAppendix No. 04 P.O No.CiCiM/HYG ~ KDTM — Wess Dated: 05. /O'v2022, ['No. DECSRIPTION REMARKS 180 PACK 2000 6,0 Bar ASME Technical Specification: LIN Service Hero cryogenic globe valves throughout Powe roof plate configuration for storage of slings during transportation Dual tr-cock for extra safety (prevents over filing) juanderd stliss steel gauge panel with 0-70" DP and 100mm dia, pressure gauge {tegte rear fil with enhanced security/protection of non-return valve Stalless steel lined aluminium Starfin vaporizer. Stainless steel drip trays with drain points Valve protection bar Plastic document holder Optimised posisioning of valve line NT160 filreturn couplings BO er foved twist locks availabe for locking 2 x tsopack 2000's together to creat 20’ 180 for shipping, Design & Testing: TRE GASME VIIDIV 1 (U Stamp) in suport of RIDVADRVIMDG and US DOT 75 UN Potable Tank Frame: iSO 1496/3, CSC, DNV 2.754, ENT2O79 Size and Type code: 12K? Nomonal Capacity: 7896 Lites Frame dimensions and Mass: Rating: 18000kg ‘Tare Mass: 5370kg Lennth: 2991mm (9'8") Width: 2438mm (8) Height: 2591mm (8'6") Pressure & Temperature Rating: Inner Vessel MAWP: 6 bar Temp range: -196°C to + 50°C Outer Vessel: Vacuum Temperature Range: -20°C to + 50°C Insulation: Insulation Type: Multilayer Insulation Vacuum level warm: < 10 microns Vacuum level cold: < 1 microns Material of Construction: Frame Work: EN 10210, EN10219, EN10025 $275J2 and $385J2 Inner Tank: EN 10028-7' 1.4301 Outer Tank: EN10025 §275J2 Lire Rop Slings: The wire rope sling assemblies wil be DNV ETA ‘approved. Banting Connection: 1 off sales stee ug ited to conner of favre pacument holder: 1 off Grey plastic waler resistant document Narn attached to ‘gauge panel. Coats for paint application, finish colour OOEE White, Final Testing and Homologations All tanks are subject toa final testing procedure Sot out and witnessed by Lloyds Register, Zhe lsopack 2000 has been subject fo stacking tes load of 86,400kg per conner and is approved for stacking 9 high = Sa Vw lect 2Vacuum Pump Packges with 40KF Pumping Adaptor Ecwards E2M28 vacuum pump (new) 220/240VAC Teledyne HPM 4/6 digital vacuum gauge in carry case Wessington NWA0KF vacuum pumping sdaptor complete with DV-6R ‘Thermocouple. Edwards flanges adaptor Stainless Steel KF-26 to KF40 Centring Rings ~ KF40 ~ O-ring (KF40). Centring Rings ~ KF25 — O-ring (KF25), Clamping ring ~ Stailess Steol/Steel — KF25 Dow Coming High vacuum grease in 60g tube [eum leak Tight Vacuum pumping hose NVMAOKF - SUSteel—1 44 NB x 4 meter long, ous SiewGENERAL TERMS AND CONDITIONS 1. INTRODUCTION 1.1 These general purchase conditions shall apply to the BUYER and SELLER unless expressly excluded in the Purchase Order and its application shall be subject to terms expressly agreed to in the Purchase Order, In the event of conflict between these general terms and conditions and the terms expressly agreed to in the Purchase Order, the terms in the latter shall prevail. 2. DEFINITIONS BUYER: HaiYen Industrial Gases Co,, Ltd. CHYG”) SELLER: The firm or person specified as such in the Purchase Order. 3. DOCUMENTATION All documentation including but not limited to drawings, manuals, commercial and technical correspondences piovided by the SELLER shall be in English language. 4. PURCHASE ORDER The Purchase Order together with all its exhibits referred to and attached thereto and these general terms and conditions shall constitute the entire agreement ("Agreement") between the SELLER and BUYER as at the date of acceptance by the SELLER and supersede any and all quotations, negotiations and/or previous agreements either ‘written or oral with respect to the subject of the Purchase Order. These terms and conditions shall hot be amended, replaced and/or cancelled without the BUYER'S express written agreement, 5. PRICE ‘The price shall be as stated in the Purchase Order and unless otherwise expressly provided in the Purchase Order, shall be inclusive of all labour, plant, materials, equipment, machinery, vehicles tools, facilities and services, fee, transportation to the Delivery place and unloading fee at the Delivery place and all ancillary and other works, expenditure, risks, overtime and contingencies, required or necessary to be undertaken, for the proper execution and completion of the works. The price shall be firm and fixed and no adjustment in the price may be made whether on account of change in any legislation, increased costs of Jabour, materials or transport, or Auctuation in rates of exchange or otherwise. The price stated on the purchase order is for the purchase of goods in quotation Q0000612592 & 0000612615 and “these quotations only, any future orders will need to be negociated at time of 52 53 62 63 a 72 enquiry. The price shall_ be inclusive of ell costs and expenditures required to comply with All taxes, dues, duties, levies and charges which have to be incurred or suffered in order for the SELLER to perform its obligations under the Purchase Order are deemed included in the price as stated in the Purchase Order, In the case of deliveries charged for on a reimbursable basis payment will become due according to clause 6 only when the BUYER has had a reasonable time to examine and verify as accurate all documentation on which the account is based TERMS OF PAYMENT Unless otherwise specified in the first page of this Purchase Order, the SELLER shall be entitled to voice BUYER at the times specified in the Purchase Order. BUYER shall make payment Will be upon release of the invoice once the banks agree, provided that all SELLER's obligations according to the Purchase Order have been fulfilled. BUYER may withhold disputed amounts, If delivery takes place earlier than agreed, the starting point for calculation of the payment date shall be based on the receipt date of the SELLER’ invoice. 1m the event that interest is chargeable on any Overdue payment, such interest on overdue Payment shall notwithstanding any provision to the contrary not exceed the rate at which interest could be ordered to be paid on awards of the court where no separate agreement has been made in respect thereof. TERMS OF DELIVERY/SHIPPING INSTRUCTIONS The parties hereto agree that their respective ‘minimum obligations and liabilities, as regards applicable shipping terms used in connection with equipment and material purchased / supplied lnder the provisions of the Purchase Order, will be interpreted in accordance with rules prescribed in INCOTERMS 2010 and latest. addenda Published by the Intemational Chamber of Commerce, Paris, France, If the BUYER is responsible for the transportation, the SELLER shall in good time prior to dispatch, request dispatch instructions from the BUYER. If SELLER is responsible for the transportation, it shall as soon as possible, and not later than the date of dispatch, send an advice ote to the BUYER advising of dispatch so that73 8&1 8.2 83 8.4 85 8.6 8.7 BUYER may make preparations for receipt of the goods, SELLER shall submit commercial invoices and packing lists to the BUYER at least 7 days prior {o dispatch of goods being delivered by road or sea. For short delivery times, stich as airfreight, commercial invoices and packing lists shall be submitted at least 24 hours prior to dispatch, SELLER shall not proceed to dispatch without confirmation from BUYER. PACKING LIST / ADVICE NOTE / INVOICE Packing lists‘advice notes/invoices ete. shall only telate to one Purchase Order and shall be duly ‘marked according to specifications stated in the Purchase Order. Packing lists/advice notes and invoices shall be completed so that each item corresponds to the Purchase Order with respect to item no, goods description and specification, If the consignment consists of more than one package, each package shall contain a detailed of contents. SELLER shall submit to BUYER one original invoice and one copy. Invoices which do not comply with these purchase conditions may be rejected by BUYER For all deliveries, the goods and packing lists/advice notes shall be duly marked with the gross weight and dimensions. Where applicable, Droject specific requirements shall be. strictly adhered to All original certificates and documents shall be sent to the applicable BUYER’s office as specified on the Purchase Order. ‘These documents are considered to be a part of the delivery and invoices shall not be paid until they have been received. For imported deliveries, SELLER must provide Prior to shipment a draft or copy of packing list, Commercial invoice, airway bill or bill of lading to provide BUYER adequate time for review and reparation of customs and import procedures, An invoice shall at least contain the following particulars © the Purchase Order Numbers * description of each item of the goods in accordance with the Purchase Order; * description of the quantity delivered and unit rice for each item; * the delivery point, delivery date and delivery docket number; * the sub-total price for each item; * the total price for all items; * the amount of any applicable customs/import tax, duties or impositions; * the amount of any applicable goods and services tax/value added tax; * the total invoice amount, 8.8 Where practical, Delivery Note has to be sent the Buyer 02 days prior to delivery date by email, 9. CERTIFICATES OF ORIGIN/CUSTOMS INVOICES 9.1 In the case of goods of EC “European Community” or AFTA origin, BUYER or any third party specified by BUYER shall be supplied with a certificate of origin and customs invoices, 92 Costs incurred by BUYER due to lack of Certificate of origin or customs invoices shall be charged to SELLER and deducted from the Purchase price or, in the case of advance Payments of the full purchase price having alteady been made to the SELLER, be paid by the SELLER to the BUYER within (15) days of receipt of a notice from the BUYER demanding payment, 10. TIME OF DELIVERY 10.1 Partial deliveries shall not be accepted and cannot be considered as a partial fulfilment of SELLER's obligations unless requested or accepted in writing in advance by BUYER, 10.2 soon as SELLER believes, ot has grounds for believing, that the delivery will be delayed, he shall immediately notify BUYER in writing of the delay and the cause thereof. SELLER shall furthermore inform BUYER of the measures it will initiate, in order to minimize the delay and also state a revised delivery date and in such an event the BUYER shall be entitled at its discretion to accept such revised delivery date or to cancel the Purchase Order without any liability to the BUYER. 10.3 Delivery will mean upon completion of the goods and the associated payperwork to allow the goods (0 be shipped. If delivery of the goods is not ‘made in the quantities and on the delivery date or dates specified or the rendering of the services is not completed by the date or dates specified in the Purchase Order, BUYER shall have the right, in addition to its other rights and remedies, to take either or both of the following actions: * direct expedited routings of the goods with the SELLER, paying the difference in cost between the expedited routing and the Purchase Order routing cost; * cancel this Purchase Order by written notice effective when received by SELLER as to st op)goods not yet shipped or services not yet rendered and to purchase substitute goods or services elsewhere and charge SELLER with any costs and/or loss incurred, 10.4Under no circumstances shall the SELLER withhold goods or documentation 11. PACKAGING & INDENTIFICATION TLIAII goods must be packed and labelled in conformity with a suitable preservation, packing, identification, shipping and related documentation procedure which shall be submitted to the BUYER for prior approval. 1L-2All goods must be packed in the manner as specified by BUYER and shipped in the manner and ‘by the route and carrier designated by BUYER (if applicable). If BUYER’ does not specify the manner in which the goods must be Packed, SELLER shall pack the goods so as to avoid any damage in transit. [f BUYER does not specify the manner of shipment, route or cartier, SELLER shall ship the goods at the lowest possible transportation rates, consistent. with SELLER's obligation to meet the delivery schedule and the care of the goods, set forth in this Purchase Order, 113Where the Contract is silent on storage requirements for the goods then SELLER warrants that the goods may be stored without deterioration in the open on ground whilst in the condition general to the place of delivery. 12. RISK OF Loss 12.1 Notwithstanding anything to the contrary stated in the Agreement, risk of loss in transit shall be the responsibility of the BUYER/SHIPPER as the goods are Ex Works from the SELLER. The SHIPPER bears full responsibility until delivery and signed acceptance of the goods at the designated delivery point of the goods to the location designated on the face of the Purchase Order. 13, INSPECTION OF SELLER DELIVERED GOODS 'S.LBUYER has the right to reject deliveries. by SELLER if packaging or identification do not ‘meet requirements stated in Clause 12.1, I32BUYER's payment for the goods shall not Constitute its acceptance of the goods, BUYER shall have the right, but not the obligation, to inspect the goods and to reject any of the goods which are in BUYER's judgement defective, Goods so rejected and goods supplied in excess of quantities ordered shall be returned to the SELLER at the SELLER’s expense unless other arrangements are agreed between the BUYER and SELLER. The fact that BUYER failed to inspect o test any goods shall not affect any of the BUYER's rights |3.31F goods arrive damaged it will be the BUYER’s decision to accept or reject the delivery after inspection. If goods are rejected the BUYER ‘must send photographic evidence of the damage (0 the SELLER and the SHIPPER who will then in turn decide who will bear the cost of goods returned, additional handling or any storage fees and all related costs, including, but not limited to, replacement of the rejected items. The SELLER will send Photographs of the goods to the BUYER upon dispatch of the goods from their facility to show the condition of the goods, 1S4For goods received and declared rejected by BUYER, BUYER shall at its sole discretion elect ‘0 accept repair in liew of replacement. Any such associated costs shall be borne by SELLER. 14. CHANGES TO PURCHASE ORDER SPECIFICATIONS 14.1 The BUYER has the right to change the BUYER'S requirements and specifications at any time, 14.2Changes shall be confirmed by BUYER by th ie \ issue of a change order. This change order shai | thereafter be confirmed by SELLER. SELLI ‘) shall as soon as possible but no later than 14 d inform BUYER in writing the effect that Tequested change will have on the price, ti delivery and technical specifications. It shall be a Condition precedent to SELLER'S tight (if any) fo an adjustment of the price or the time of delivery that no later than 14 days after receipt of the change order he shall have notified BUYER as to the effect in his opinion (if any) on such price and time of implementing the change order. Ifin SELLER'S opinion any order or instruction of BUYER or any other circumstances entitles SELLER to a change order, he shall notify BUYER in writing within 14 days of the relevant order or instruction with details of the change order sought. '4.3Disagreement as to compensation payable in espect of such change order shall not entitle SELLER to withhold its delivery of goods, documentation or services ib t _&