TERMS AND CONDITIONS OF SALE

Danum Well Services Ltd. 1. Definitions: ‘’Seller’’ means Danum Well Services Ltd. ‘’Buyer’’ means the individual, or Company, placing the order. ‘’Order’’ means the order placed by the Buyer for the supply of Goods or services. ‘’Goods’’ means the items covered by the order.

2. General: All orders are accepted on the understanding of these Conditions of sale apply. The Seller shall not be bound by any change to these Conditions (even though referred to in the order or in any other of the Buyer’s documents) except as agreed in writing by the Seller.

3. Quotations: Unless otherwise specified by the Seller, prices quoted shall be valid for acceptance within 30 days from the date of the quotation.

4. Delivery date: Any date stated by the Seller for delivery by the Seller is given in good faith and intended as an estimate only. No liability can be accepted by the Seller for delays in delivery, however caused.

5. Delivery/ shipment: Unless otherwise agreed in writing, all deliveries shall be ex Seller’s Works/ warehouse. At the request and expense of the Buyer, the Seller will arrange carriage and insure Goods against normal transit risks. If the Goods are to be exported, the Buyer shall be responsible for the procurement, at his own expense, any relevant Import Licence.

6. Passing of Property and Risk: Title in the Goods shall remain with the Seller until payment has been received in full, into his Bank account, for the whole of the Invoice amount. Risk in the Goods shall pass to the Buyer at the point of delivery which, unless otherwise agreed in writing, shall be construed as: A) in case of collections, when the Goods are loaded on to the collecting vehicle; B) in case of Goods delivered within UK or, by agreement, in mainland Europe, when the Goods have been removed from the transporting vehicle at the delivery address; C) in case Goods delivered FOB or CIF, when Goods have passed over the ship’s rail.

7. Terms of Payment: Unless otherwise agreed in writing, payment shall be due 30 days from the invoice date. Without prejudice to its right to payment on these terms, the Seller reserves the right to charge interest at the rate of 2% per month on any amount which is more than 30 days overdue.

8. Warranty: In the event of a defect in material and/ or workmanship arising under conditions of proper use and maintenance, the Seller undertakes, at its options, to replace or repair the defective Goods or to refund to the Buyer the invoice value of the same, provided that: a) the Goods were used and maintained in accordance with proper procedures; b) any claim is promptly notified to the Seller; c) the defect occurs within 12months from acceptance of delivery by Buyer; d) the Goods have not been repaired or modified by anyone other than Seller or at the Seller’s direction; e) in the case of Goods not of its own manufacture, the Seller’s responsibility shall be limited to passing on to the Buyer the benefit of any warranty or guarantee given to the Seller by the manufacturer of said Goods.

9. Force Majeure: The Seller shall in no circumstances be liable for any loss caused by or resulting from inability to deliver, or delay in delivery arising from any circumstances beyond its control including, but not limited to, strikes, lock-outs, transport delays, wars, riots, Acts of God, or any other cause beyond the reasonable control of the Seller. In the event of inability to deliver due to any such case, the Seller may suspend delivery and/or, by notice in writing, cancel the contract in whole or as to any part thereof.

10. Termination: If, at any time during the term of contract, the Buyer is unable to meet its obligations as they fall due, or is insolvent or shall have committed any act of bankruptcy or shall enter into liquidation (other than for the purpose of amalgamation or reconstruction), the Seller may, without prejudice to its other rights, repossess the Goods and terminate the contract forthwith by notice in writing to the Buyer or to any other person in whom the contract may have become vested.

11. Arbitration: Any dispute arising from, or in connection with, any contract shall be arbitrated in accordance with the Law of England, and all parties shall submit to its jurisdiction of the English Court.