<p><strong>INSPECTION</strong></p>

<p>If Material quality and/or quantity is received (at the final destination) different from Buyer&rsquo;s order, Buyer will notify Supplier within 5 days of receiving the Material. If recognized that the quality and/or quantity are different, Buyer may, at its sole discretion, immediately suspend subsequent orders, including any that may be in progress until an agreement is reached to settle the conflicted consignment.</p>

<p><strong>ADVICE OF SHIPMENT</strong></p>

<p>Supplier shall provide by email message to the Buyer, advising the shipment details within three (3) working days before shipment.</p>

<p><strong>FORCE MAJEURE</strong></p>

<p>The Force Majeure Clause of the ICC Standard shall apply to this Agreement.Supplier/Buyer shall not be liable for the failure to perform the obligations under this Agreement where such Force-Majeure Circumstances are occurredSupplier/Buyer shall notify Buyer/Supplier immediately by Fax and e-mail within 15 days from the occurrence of Force Majeure Circumstances with an official notification of the occurrence issued by the Local Government Authorities or Chamber of CommerceIn the event of Force Majeure Circumstances causes a continuing and delaying of each shipment beyond one (1) Month from the contracted delivery date, the Buyer shall have the option to cancel that shipment or seek alternative commercial terms; hence in such event no penalty shall be claimed by either Party against the other</p>

<p><strong>CLAIM</strong></p>

<p>Should there be any difference in weight/quantity or quality between net weigh in B/L and in reported by any inspection company at discharge port, the Buyer will lodge claim enclosing original report of any inspection company.<br />
Survey Report to the Supplier within 30 working days from discharging completion date. The Supplier shall settle the Buyer&rsquo;s claim within 40 working days after receiving the claim documents.<br />
Non-agreed and/or off-grade Material will be deducted directly from total net payable weight.&nbsp;<br />
Weight discrepancy is set at 1%. If the shortage weight is in excess of 1%, the Supplier shall reimburse the Buyer for the shortage accordingly.<br />
Supplier shall have the right to send their Representatives to determine the Validity of the Claim within 15 working days upon receipt of the Claim.</p>

<p><strong>DELAYED DELIVERY AND PENALTY</strong></p>

<p>Should the Supplier fail to effect on time as stipulated in this Agreement owing to causes other than Force Majeure as provided in clause 15 of the Agreement, the Buyer has the right to cancel the Agreement and/or any outstanding order.</p>

<p><strong>SUPPLIER LIABILITY</strong></p>

<p>Goods shall be considered in &ldquo;full quantity&rdquo; if it is delivered in total within tolerance provided under Clause 3 - Quantity of this contract and within the time as stated in Clause 6 - Shipment/ Delivery<br />
If Supplier fails to deliver full quantity, only with the confirmation from the Buyer, he has the obligation to make it complete with the next shipment. The buyer will only be paid for what is delivered at the time.</p>

<p><strong>BUYER LIABILITY</strong></p>

<p>To make payment in target dates for the shipment, payment shall be affected by or within fifteen (15) banking days after receipt by the advising bank of all documents required under clause 11.1.<br />
&nbsp;</p>

<p><strong>ARBITRATION</strong></p>

<p>All disputes arising from the execution of this agreement shall be settled through friendly consultation, and in case where no settlement can be reached, the case in dispute shall be submitted to Dubai International Financial Centre&rsquo;s Court of Arbitration in accordance with its rule of arbitration for settlement. The decision made by this arbitration centre shall be regarded as final and binding upon both Parties. Arbitration fees shall be borne by the losing party unless otherwise awarded.</p>

<p><strong>GENERAL CONDITION</strong></p>

<p>21.1. This contract consists of a total of twenty one (21) Clauses and is considered Valid from the Date of Signing by Buyer and SupplierAny changes of the Terms and Conditions of this Agreement must be in written form and added as an Addendum upon agreed, signed and dated by both parties shall be considered as an integral part of this original Agreement.</p>

<p>The contract is made in English which shall be regarded as the official language of the Agreement.</p>

<p>In witness hereof, the Supplier and the Buyer affix their respective difital signature and seal accepting all of the terms and conditions here in which become effective and legally binding hereinafter.</p>
