Tan International Conditions of Sale 1.PAYMENTS. Payments shall be made at par in legal tender. Each shipment is to be considered a separate sale. If Buyer fails to make arrangements for payment as Tan Int should require, Tan Int may withhold shipment or cancel the contract. Should Buyer fail to make payment in full within the time period set forth on the invoice or within some other time agreed upon between the parties, Buyer shall pay to Tan Int interest on the unpaid amount at the maximum annual rate in effect by UK clearing banks on the first of each month, plus 3.5 percent If legal action is taken by Tan Int to collect any amount due hereunder, Buyer shall pay all court costs plus reasonable fees incurred in bringing such action. 2.TITLE AND RISK OF LOSS. Title to and risk of loss of product will pass to the Buyer after Tan Int delivers the same to the carrier at the shipping point unless otherwise stipulated. 3.COMPETITIVE OFFER. If the Buyer gives satisfactory written notice that it can purchase product of like quality and quantity from are reputable domestic manufacturer under similar terms and conditions but at a lower delivered cost, Tan Int shall have ten days from the receipt of such notice to meet the lower price. If Tan Int declines to meet the lower price, quantities actually purchased by the Buyer will be deducted from the remaining quantity obligation if Tan Int elects to meet the lower price, it may withdraw its lower price at any time by giving notice to the Buyer 4.FORCE MAJEURE. Both Tanint or Buyer will be excused from the obligations of this contract to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control or by fire, explosion, mechanical breakdown, strikes or other labour troubles, plant shutdown, unavailability of or interference with the usual means of transporting the product or compliance with any law, regulation or request of any government authority. The occurrence of a Force Majeure situation shall act is unable to supply sufficient product to meet the requirements of its customers, Tanint will allocate its product in a manner it deems to be fair and reasonable considering its regular customers and its contractual obligations. 6.PRODUCT HAZARDS. Buyer acknowledges that the product has certain hazards, that it is familiar with such hazards and has taken steps to inform, warn and familiarise its employees, contractors and customers, who may handle the product, of such hazards. Tanint has the right to inspect Buyer's plant to assure itself that the training, warnings and procedures are effective. Should Tanint decide that Buyer's training, warnings and procedures are not effective, its sole remedy is to suspend sales until the situation is corrected 7.WARRANTY. Tanint's warrants that the product sold shall conform to its specification; that it will convey good title hereto; that the product shall be delivered free from any lawful security interest or lien or encumbrance unknown to Buyer. THERE IS NO WARRANTY THAT GOODS SUPPLIED HEREUNDER SHALL BE FIT FOR ANY PARTICULAR PURPOSE NOR IS THERE ANY WARRANTY OF CHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED HEREIN. 8.REMEDIES. Tanint's liability and Buyer's exclusive remedy for any cause of action arising by reason of this transaction, whether based in negligence, strict liability or warranty is limited to the value of the goods shipped or replacement of goods not conforming to specifications. All claims involving product specifications are waived unless made in writing within 15 days of Buyer's receipt of goods. 9.TECHNICAL ADVICE. For the protection of both parties, technical advice for the handling and use of the product should be given in writing. Tanint will not be liable for any advice given by it or its agents unless such advice is given or confirmed in writing. Any advice given by Tanint for the use of its product is based upon tests or data, believed to be reliable, but TANINT MAKES NO WARRANTIES OF THE RESULTS TO BE OBTAINED. 10.WEIGHTS. All invoices shall be based on Tanint's designated weights or measurements unless proven wrong by more than 2 percent. 11.INCIDENTAL TRANSPORTATION CHARGES. All charges at destination for spotting, switching, handling, storage, or other accessorial services. 12.REQUIRED CLAUSE. Any clause required to be included in a document of this type by any applicable law or adininistative regulation having the effect of law shall be deemed to be incorporated herein. 13.ACCEPTANCE. Tanint's acceptance of Buyer's order or proposal is expressly conditional on Buyer's assent to the terms of this contract and Tanint rejects any terms of Buyer's order or proposal which conflict or add to them. Buyer's acceptance of the Product shall constitute assent to these terms. 14.ASSIGNMENT. The rights and obligations in this contract may not be assigned by the Buyer without the written consent of Tanint. Should Tan Int assign the contract, it shall remain responsible for performance hereunder. 15.MODIFICATION. This document contains the entire agreement of the parties and all proposals, negotiations and representations, if any, The word "product"; as used herein shall include the plural and "Tanint"; refers to Tan international Limited. REV 05960K