PISC M&C-NKE Purchase Order No: 031-2022/PTSCMC-TMIMHE-E mr GALLAF BATCH 3 PROJE PTSG “rocunrmest ream Nbc PURCHASE ORDER PTSC MECHANICAL & CONSTRUCTION LIMITED COMPANY “PTSC M&C”, a company duly organized under the law of the Socialist Republic of Vietnam and having its registered office at 31, 30/4 Street, 9 Ward, Vung Tau City, $.R. Vietnam, Tel: +84-254-3838834, Fax: +84-254-3838170 hereinafter called Buyer, confirms by this Purchase Order (PO) that the Goods listed hereunder have been ordered from Seller named below in accordance with the Following terms and conditions: SELLER: NK ENGINEERING | RFQNo.: IAT Purchase Order No031-2022 COMPANY LIMITED (NKE) IPTSCMC-TM/MHH-E ‘Add: 46/4 Le Quang Dinh, Ward | TR No: WHP03-PMC2-ASYYY- Ll, Binh Thanh District, Ho Chi | 08-862067-0001_rev.01 dated 17) PO Date: 10 Mar 2022 Minh City, S.R. Vietnam Reb 2022 Tel: +84 28 6294 0280 Fax: +84 28 6294 0282 Effective Date: 24-Jan-2022 Package Description: 2 CORIOLIS FLOWMETERS No. of Pages: 07 pages + Attn: Nguyen Huu Can ~ Chairman ausehnients Email: Can.nguye ing.com.vn 1. PURCHASE ORDER DOCUMENTS The Purchase Order consists of this document and the documents as listed below. In the event of ambiguity, discrepancy or conflict among the documents, the following shall be the order of precedence: = This Purchase Order Form = Attachment No.1 - Schedule of Prices = Attachment No.2 - Purchase Order Terms and Conditions for Gallaf Batch 3 Project ~ Atachment No.3- Technical Requisition No. WHP03-PMC2-ASY YY-08-562067-0001_rev.01 ‘Technical Requisition for Coriolis Flowmeter dated 17 Feb 2022 including al technical documents referenced therein, = Attachment No. - Shipping Instruction = Attachment No.5 - Performance Bond and Advance Payment Bond Format; = Attachment No.6 - Form of commitment letter for spare parts 2. SCOPE OF WORK ‘The Goods to be supplied by Seller under this Purchase Order shall be manufactured in strict compliance ‘with all technical specification requirements as specified in Technical Requisition No. WHPO3-PMC2- ASYYY-08-562067-0001_rev.01 dated 17 Feb 2022 including all technical documents referenced therein, ‘Any deviation to the said documents must be agreed and approved by Buyer in writing. Manufacturer/Country of origin: Endress+Hauser/ Switzerland. 3. PURCHASE ORDER PRICE 31 (hereinafter referred to as “the Purchase Order Price”), Refer to Attachment No.1 ~ Schedule of Prices for details. Page | of 7 a \PISC M&C -NKE 32 33 34 35 4 4 42 43 5. 52 53 ‘The meaning of DDP herein is interpreted in accordance with Incoterms (ICC Official Rules for the Interpretation of Trade Terms) - Edition 2010. The above Purchase Order Price is inclusive of all expenses. and costs which may be incurred in connection with the handling of and making the Goods available at the Delivery Point. ‘The Prices specified herein are fixed and firm for the duration of Purchase Order and are not subject to adjustment for inflation, currency exchange fluctuation, or any other reasons except changes requested by Buyer. ‘The total Purchase Order Price is fully inclusive of all costs and charges related to and in connection with Seller's fulfillment of all obligations specified in Purchase Order documents as listed in Clause | of this Purchase Order. ‘The total Purchase Order Price is inclusive of all taxes, fees, levies, imposts, duties, charges and the like related to supply of the Goods and performance of the Purchase Order, except only Vietnamese Value ‘Added Tax which shall be borne by Buyer DELIVERY Delivery Time: The completed Goods shall be delivered fo the Delivery Point in accordance with Purchase Order requirements no later than 14-Oct-2022 (38 calendar weeks from the effective date). Delivery term: DDP PTSC M&C’s warchouse, Vung Tau City, S.R. Vietnam - Incoterms 2010, Delivery point: PTSC M&C’s warchouse - PTSC Downstream Port #65A, 30/4 Street, Thang Nhat Ward, ‘Vung Tau City, S.R Vietnam, ‘The above Delivery Time includes time required for all activities (design, engineering, procurement, ‘manufacturing & fabrication, assembly, inspection & testing, packing & preparation for shipment and transportation to Delivery Point...) related to supply of the Goods, taking account of time for Seller's submission and Buyer's review/return of vendor documentation and all holidays during the execution of the Purchase Order. Partial shipment and transshipment are allowed subject to Buyer's approval prior to delivery, In no case will the deliveryireceipt of Goods atthe Delivery Point constitute Buyer's acceptance of quality ‘and quantity of the Goods supplied under this Purchase Order. Such acceptance of quality and quantity shall only be given when the Goods arrive in the final destination at PTSC M&C Fabrication yard in Vongtau City, S.R Vietnam and Buyer has issued a Receipt Notice without qualification or exception. Any Overage, Shortage, Damages (OS&D) ancl/or discrepancies against the Purchase Order requirements shall be advised by Buyer to Seller within fourteen (14) days upon receipt of the Goods at the final destination. Upon receipt of such notifiation from Buyer, Seller shall use its best endeavors to clear such OS&D and discrepancies in a timely manner as required in accordance with Purchase Order Terms & Conditions. MARKING, PACKING AND SHIPPING DOCUMENTATION Marking: Seller must strictly follow the marking instruction as described in Shipping Instruction, for convenient identification and customs clearance thereof at Port of Discharge. Packing requirements: Seller is to follow the packing provisions as specified in the Shipping Insiruetion attached hereto. Shipping Documentation: Seller must strictly follow the instructions on shipping documentation as described in Shipping Instruction for convenient identification and customs clearance thereof atthe Port of Discharge ‘Any delay in taking delivery and associated costs incurred by Buyer due to Sellers failure to comply with such instructions shall be at Seller's sole account ee eee Page 2 of 7 Purchase Order No,: 031-2022/PTSCMC-TM/MHEL-E RaidPTSC M@C-NKE Purchase Order No. 031-2022/PTSCMC-TM/MHH-E 6 61 62 63 INVOICING AND PAYMENT Payment shall be made in Vietnam Dong (VND) by Telegraphic Transfer (T/T) within forty five (45) days. ‘upon Buyer's receipt of undisputed Invoice together with a full set of supporting documents as specified in teach payment milestones below: ‘Seller fully acknowledged that the payment milestones No. 1 is advance payments and in no case such payment milestone represents nor relates to the works performed or actual costs expensed by Seller in connection with the performance of the Purchase Order up to the time the corresponding. milestone payment is made. Allthe roices shall be addressed as below: PTSC Mechanical & Construction Limited Company #31, 30/4 Street, Ward 9, Vung Tau City, Vietnam Tel: +84-254-3838834 Fax: +84-254-3838170 Attention: Mr. Dong Xuan Thang ~ PTSC M&C Director Invoices shall be clearly marked with Buyer's Purchase Order number and line-item reference. The complete invoice with all required supporting documents shall be transmitted in full set as described in Article 6 — Invoicing and Payment tothe below address oe yl Page 3 of 7 TPTSC M&C-— KE (031-2022/P TSCMC-TMIMBH-E 64 65 66 PTSC Mechanical & Construction #31, 30/4 Street, Ward 9, Vung Tau Tel: +84-254-3838834 Fax: +84-254-3838170 ited Company , Vietnam All banking expenses vianeu vy ovine > vain are at oewer 9 teu All banking expenses claimed by Buyer's bank are at Buyer’s account. In the event of over-sea remittance, all banking expenses of intermediary banks shall be at Seller's account Invoicing Time Limits: Seller shall submit all invoices against this Purchase Order in a timely manner. Both Parties agree that invoices submitted by Seller afier 120 calendar days from the completion of the work-scope required under this Purchase Order may not be honored by Buyer. PERFORMANCE BOND, ADVANCE PAYMENT BOND Within thity (30) days of the date of this Purchase Order, Seller shall submit to Buyer an unconditional and irrevocable Performance Bond in the form provided by Buyer and issued by a reputable bank acceptable to Buyer for the amount equal to ten percent (10%) of the Purchase Order Price. The Performance Bond shall be unconditionally valid from the date of issuance to the 30® day following the Expiry Date of the Warranty Pe In order to invoice Milestone No.1 specified in Clause 6 above, Seller shall submit to Buyer an unconditioned and irrevocable Advance Payment Bond for each Milestones in the form provided by Buyer and issued by a reputable bank acceptable to Buyer for the amount equal to advance payment made to Seller under that Milestone. The Advance Payment Bond shall be unconditionally valid until 30 days after delivery of the Goods to Buyer. In the event Seller fails to perform this Purchase Order or is in breach of the terms and condition thereof as provided for herein, Buyer shall be entitled to claim compensation and/or penalty under the Performance Bond/ Advance Payment Bond accordingly. The cost for providing such Performance Bond/ Advance Payment Bond is already included in Total Purchase Order Base Price in Clause 3 above. INSPECTION The Goods purchased under this Purchase Order shall be subjected to inspection by Buyer, Buyer's appointed third party. Seller shall advise the location(s) of manufacture, telephone number, address and contact petson to Buyer upon confirmation of order. Seller is responsible to coordinate with the appointed inspection agent to carry out the pre-shipment inspection and documents endorsement. All stages of major testing activities will be attended by Buyer and will be notified by submitting the Request for Inspection in the form provided by Buyer fourteen (14) days in advance to: eS10 10.1 102 103 ul tl 12, rehase Order No. 031-2022/PTSCMC-TM/MBH-E VENDOR DATA Based on Vendor Data Requirement List (VDRL), Seller shall submit Vendor Data Manufacturer List (VDML) together with other critical documents for Buyer's approval Seller shall resubmit any vendor data document within three (03) working days after receipt of Buyer's return at code 2 (accepted with comment) and within five (05) working days after receipt of Buyer's return at code 3 (reviewed with comment) or code 4 (rejected). Al vendor data/drawings required for approval /as final shall be submitted to: ‘Vendor Data Book will be submitted within 01 month after Factory Acceptance Test (FAT) or shipment. In ‘case of modification happened during onshore and/or offshore commissioning stage, relevant documents in ‘Vendor Data Book will be revised by Seller and resubmitted for final approval PROGRESS REPORTING Within ten (10) days after signing of this Purchase Order, Seller shall submit to Buyer for approval manufacturing schedule which includes as minimum the sequence and duration of major activities such as, Engineering, Procurement, Fabrication, Inspection & Testing and Shipping Plan indicating the number of shipments, content of each shipment, estimated departure date, port of loading, estimated arrival dat. ‘Weekly and Monthly reports containing the current position of the work in respect of major activities; highlighting areas of concer and/or any delay behind the approved schedule; corrective action and recovery plan shall be submitted on the dates as required in Article 6.0 ~ Planning; Progress Reporting of Purchase Order Terms & Conditions. Schedule and all reports shall be submitted to: PTSC Mechanical & Construction Limited Company #31, 30/4 Street, Ward 9, Vung Tau City, Vietnam ‘Tel: +84-254-3838834 Fax: +84-254-3838170 Attention: Mr. Nguyen Duy Triet - PTSC M&C Expeditor Email: trietnd@ptse.com.va CORRESPONDENCE WITH BUYER All future correspondence including Emails/Facsimiles/LettervMemos from Seller to Buyer concerning this Purchase Order shall have a reference numbering system to provide a means of checking that all correspondence has been received. Such correspondence shall reference the Purchase Order Number, Package Description and Technical Requisition Number. All. Facsimiles/Letters/Memos from Seller to Buyer shall be addressed to the assigned Buyer's Representative at the below contact details: . Page S0hF ae 'In 13 4 n 132 >urchase Onder No. 031-20: Al Emails from Seller to Buyer shall be addressed to Buyer's Representative mentioned in Sub-clause 11.2 and copied to the following persons: Al instructions between Buyer's Representative and Seller shall be confirmed in writing, Claims based ‘upon verbal instruction will not be accepted. CORRESPONDENCE WITH SELLER All future correspondence including Emails/Facsimiles/Letters/Memos from Buyer to Seller concerning Purchase Order shall reference the Purchase Order Number, Package Description and Technical Requisition Number and shall be addressed to Seller’s Representative atthe contact details as follow: NK Engineering Limited Company Business office: 3/12 Pho Quang street | Ward. 2| Tan Binh district | Ho Chi Minh City | Vietnam Tel: +8428 6294 0280 Fax: +84.28 6294 0282 Attention: Mr. Nguyen Van Ai - Deputy Sales Manager Email: ainguyen@nkengineering.com.vn Seller agreed that, for the purpose of verification of schedule progress or technical clarification, Buyer have the right to communicate all manufacturers! sub-vendors/ subcontractors direct or request Seller to copy Buyer in on communications between Seller and manufacturers! sub-vendors/ subcontractors. Provided, however, that except in the circumstances described in Article 24.3 ~ Suspension at Buyer's convenience and Article 25-Termination of Attachment No. 2-Purchase Order Terms and Conditions, Buyer shall not be ‘entitled to take part in commercial communication with sub-vendors/ subcontractors, ‘Contacts from the manufacturer as below Endress+Hauser Vietnam Limited Company #105, CenterPoint Bld. | 106 Nguyen Van Troi St | W.8 | Phu Nhuan Dist. | Ho Chi Minh City | Vietnam, Tel: +84-28:3842 0026 Fax; +8428 3842 0028 ‘Attention: Mr. Son Nguyen - Project Sales Manager Email: son.nguyen@endress.com PROVISION OF SHIPPING DOCUMENTS Seller shall provide shipping documents in accordance with Attachment No. 4-Shipping instruction. If ‘Seller fails or delays to provide the shipping information and shipping documents required in Attachment No. 4-Shipping instruction, which results in Buyer’s failure to procure insurance for the Goods during transportation, all the loss of or damages to the Goods during transportation if any shall be at the Seller's account, which will be deducted from any amount payable to Seller under the Purchase Order, Seller shall note thatthe final destination of the Goods is Vietnam. In any event and as requested by Buyer, Seller shall provide all necessary documentation to enable the import of Goods to Vietnam. Failure or delay by Seller to provide all required shipping documents may result in additional charges being incurred by Buyer, such as bond rental and/or port demurrage charges, which Buyer reserves the right to deduct from any _ — Page 6 of 7 vx eePTSCM&C-NKE Purchase Order No.: 31-2022/PTSCMC-TM/MHH-E, 14 SPECIAL TERMS & CONDITIONS 14.1 Seller acknowledges that the facilities to be delivered by Buyer to Client under Gallaf Batch 3 Project are weight and Centre of Gravity (COG) sensitive structures and the weight and COG of the Goods shall affect the overall weight and COG of those facilities. Seller warrants that the Goods shall conform to all weight requirements as defined in Attachment No. 3 - Technical Requisition No. WHP03-PMC2-ASYYY-08- '562067-0001_rev.01 dated 17 Feb 2022 including all technical documents referenced therein. Seller's rnonconformance with such weight requirements and Seller’s failure to rectify such nonconformance within the time given by Buyer will be treated as Seller’s default pursuant to Article 8.6 of Purchase Order Terms ‘and Conditions. Without prejudice to Buyer's other rights and remedies under this Purchase Order or at law, Buyer will be entitled to recover from Seller all reasonable and necessary costs incurred or may incur by Buyer as a direct result of Seller’s nonconformance to such weight requirements 14.2 Sellers fully and deeply aware that the Goods willbe incorporated into the Project facilities which will be stalled and operated in Qatar. Seller warrants that production, sale and delivery ofthe Goods shall be free from any sanction or blockade imposed against Qatar by any governmental or official body to which the Goods are subject. Seller agrees to indemnify Buyer and Client against any liability arising from Seller's breach ofthis warranty. FOR SELLER Teh g 9 ‘ Fa ~7 MANAGING oIRECTOR Ipuyin dite Gain Company: PTSCMAC Cay: RNAINERRENG GOLA, ee MOZVS oe irae Page 7of7 aye“ATTACHMENT NO.1 - SCHEDULE Ge PRICES IA1 - CORIOLIS FLOWMETER Purchase Order No.: 031-2022/PTSCMC-TM/MHH-E item ; Danutacarer? oa ean ten Deserption mueriatcose | ay | unit muacere! | unit rice(vND) | Ext. Price ¥ND) Remark ‘8 [nase score 1 [Corot Fowncter JA WHP 1 coisas and cere 11 foots Fownetesand scenes assanersazis | 1 oe | eee Sine & HawelyC 12 [eerie owmeerand acemioes asmarraaz | 1 aie se3°8 $5908 13 |coriais Rowers and aszesories assaasrcoo0 | 1 sa | Exes Siz 10° Supe Dinix 1 [Cora Rowneter KA WHIP 1 [corns Rowrtesand scot Tnirenitiae 11 [Cori Fowmetmand scores, \ | Pndresotas Se" Haley C 12 |Covilis Flowmeters and acessories ASKAAFTS40221 1 sett teeny Size 3+ $9904. 13 ears Fowreerand accesories askaacrscooot | 1 a eee Sie 10" & Soper Duplex 10 [osherreatedcont sate repaint pining and int costingning es ppb as er proj spexenon 1 foupos-sac-asyvy-123920160001 IA & KA 1 tt ined tnladad WH Paitin Cowing Speieaton nd NOC sandrd SD-NOC-CORSSSO/ 386 coat, npeian, Centcation nd Testing ining acon Aseopance Te (FAT forall equipment sedans wit requirement specifi Material 2 |Requstions No, WHPOS-PMC2-ASYYY-08-52067- 1 tx Inte Inca ovo -ev01 cand 17 Fe 2022, Appendices Minus ofrestings (MOMs) at ter ern oesponcenes [seston a“ATTACHMENT NO.1 - SCHEDULE (PRICES IA1 - CORIOLIS FLOWMETER Purchase Order No.: 031-2022/PTSCMC-TM/MHH-E Tem Na Description Materiat Code oy Unie Manwfacturer! Origin Unit Pree (VND) Ext rice (VND) Remark, vendor Docuretation n accordance with requiemen |peified in Material Reousitions No. WHPO3-PMC2 [as¥¥¥-08-se2067-0001_rev0l dated 17 Feb 2022, te /Appendies, Minutes of mestings (MOMS) and other relevant coresondences (latest evision, |certication in accordance with requirements speed in Material Requisitions No, WHPO3-PMC2-ASYY-48 ss2067.0001 evOl dates 17 Feb 2022, ts Appendices, Minutes of mosings (MOMs) and other relevant [orsspondences (att revision) (cost for provising Performance Bond valued a 10% of lhe Total Purlase Order pice and vali wil 30 days later the expiry of the warranty period ot Packing, Marking, Documentation and other preparation or shipmentinaseordance with requiements specified in Shipping naruction and oer dosument provided Preservation ard preparation for long tem storage ot loxiginat copy Cerificate of Origin issued by Chamber [ot Commerce in export country ot [other Requirement [cacueted net values of ol water eu finetion [Max fowzate en sizing calculation Welding & NCE 100% PT on fnge face (Gasket area) shal be performed [sper section £5 of SD-NOC-PVV-145. IA faster al be eased as 3 SO-NOC-COR-I56 [Corrosion Pratction of Fastener for Subsea and Topsie| nnn ape Page of“ATTACHMENT NO.1 - SCHEDULE G~ PRICES IAI - CORIOLIS FLOWMETER Purchase Order No.: 031-2022/PTSCMC-TM/MHH-E, tem Mancfacturer/ 7 7 en Deseription Material Code oy Unit ae Unie Price (VND) | Ext Price (VND) Remark TA fow clirsion shall be eared ut olan asevedied 6 | asordng wo ISOMEC 17025 (calbation 5 pins, | 1 lot leach $ repeats a HrOTAL PRICE -EX-WORK SWITZERLAND Freight and oder rated costo tansport the fished \Goods fom Exworks sation o Vieram on DDP at L Tow IFTSC Mas Warehouse Vure Tv Ciy, Vietnam [TOTAL PURCHASE ORDER PRICES- DDP at PTSC M&C's warehouse in Vung Tau City, Viet 8 lorriovatscore Priced list ofecommended spares for2 years operation ae * |eobe valid unl end of February 2026) iaeuamtal [xeDo02e. Endres Hause? 1 fis tere ate, ras 308000 Le cit 1 e [Basen zi Endres Hauser 12 [vo modal, a1, 3001500 ‘xPD00¥7-AABI01 1 pos | Endres Endres Hause? 1.3 vO module, sn 274, 3008500 xeD0038-AA1800 1 Pes |switerand| Edessa! 10 Weeks DDP Vung Tau 14 [Display modal, 30050070001 xPD0031-AAOROD 1 pes _| Entressei ciy.vesunn a fx | EndessrHause 1.5 |kiepowersuply, 24 VDC, Ex [ns2s008 io eee 3 | ntresseteuser 18 |kieconn, terminal oon A, 300/50, Ex hisesors 1 we |Site 2 a ‘xpDo0a8- nares Hause? 17 SEM elector mode, Proms 30/5000 era ais 1 ro: eee Aue Page 3083