Terms of sale & delivery Thermotech AS

These general terms of delivery shall apply unless otherwise agreed in writing. The terms and conditions apply to all deliveries where THERMOTECH has assumed delivery responsibility for the sale and/or rental of equipment and materials to a customer (the CUSTOMER).

Offers are made by THERMOTECH on the basis of these terms and conditions of sale and delivery, which are mandatory unless otherwise agreed in writing, cf. section 1. Offers are based on availability at the time of ordering, and are valid for 30 days, unless otherwise agreed. The offer is non-binding for THERMOTECH until there is an acceptance covering the offer and otherwise until a purchase contract is signed, cf. sections 3 and 4. By ordering products or services, the CUSTOMER accepts THERMOTECH's offer and these terms of delivery. The CUSTOMER's own or others' terms and conditions shall not affect the offer and its content. In such cases, a valid purchase contract does not exist until THERMOTECH has either confirmed the CUSTOMER's order or dispatched the products, whichever occurs first. If THERMOTECH's order confirmation deviates from the CUSTOMER's order by additions, limitations or reservations, and the CUSTOMER will not accept such deviations, the CUSTOMER shall notify THERMOTECH in writing without undue delay, but no later than within 3 working days from receipt of the order confirmation. Otherwise, THERMOTECH's order confirmation shall apply. The delivery includes what is specified in the order confirmation, the purchase contract and/or the documents to which these refer. THERMOTECH has assumed that the equipment can be easily installed. All costs associated with installation, including but not limited to welding, testing, steel work etc shall be covered by CUSTOMER. Work permits, approvals etc. are also the CUSTOMER's responsibility. The CUSTOMER is responsible for ensuring that access to the workplace is satisfactory in order to carry out the work in a safe and proper manner.

Unless otherwise agreed, THERMOTECH's prices are quoted exclusive of value added tax, other taxes, for example related to export and import of goods, freight and handling fees. All compensation shall be made in the agreed currency. Reservations are made for price adjustments if the exchange rate on the day of delivery differs from the exchange rate on the day of the offer by more than 3%. Rental rates run from the time the equipment leaves our workshop until it is returned to the same location. Rental rates run on weekends as well as public holidays, and are not stopped for reasons beyond our control, e.g. crane delays, bad weather etc.

Unless otherwise agreed, delivery shall be interpreted in accordance with the INCOTERMS applicable at the time the agreement is entered into. If no delivery clause has been agreed, delivery is deemed to have taken place "Ex Works" (supplier's address). For equipment that is not returned in the condition it was in upon delivery, daily rent will be charged until repairs have been carried out. Repair costs are charged to the customer.

If the agreement has specified a period of time during which delivery is to take place, THERMOTECH may choose the exact time of delivery within the agreed period.

Unless otherwise agreed, the risk passes to the CUSTOMER upon delivery (cf. section 4)

Unless otherwise agreed, payment shall be made net per 30 days. In the event of late payment, interest on arrears shall be paid at a rate of 1% per month or part thereof from the due date until payment is made.

In case of sale on credit, THERMOTECH retains title to the object of sale until it has been paid in full. The rental object remains THERMOTECH's property and the rental agreement does not give any right to legally dispose of the rental object.

Unless otherwise agreed, the following applies: If, after receipt of the contract, the Seller discovers a need for changes to the agreed delivery, he shall immediately notify the BUYER of this. The notice shall as a minimum contain information about the reason for the change and any cost and delivery consequences the change will or may entail for the CUSTOMER. Changes imposed by the CUSTOMER after conclusion of the contract shall be responded to immediately. The response shall as a minimum include all cost and delivery consequences the change will or may entail for the CUSTOMER. No changes shall be implemented by the Seller until any cost and delivery consequences have been clarified with the CUSTOMER.

Equipment included in the delivery will be tested and verified in accordance with THERMOTECH's applicable procedures. Any faults and defects in the agreed delivery discovered during testing will be replaced and repaired before delivery.

Unless otherwise agreed, the following applies: If THERMOTECH finds that they cannot deliver on time, or if a delay on their part must be considered likely, they shall without undue delay notify the CUSTOMER of this and at the same time state the reason for the delay and, as far as possible, the time when delivery is expected to take place.

Unless otherwise agreed, the CUSTOMER is obliged, at its own expense, to take out full value insurance against all damage to the delivery during the period from the transfer of risk until the purchase price has been paid in full or the equipment/material has been returned to THERMOTECH's goods reception after the end of the rental period.

THERMOTECH shall not be liable for any indirect loss such as loss of production or loss of income suffered by the CUSTOMER or any third party or for damage of any kind to the person, property or goods of the CUSTOMER or any third party howsoever caused, resulting from defective delivery or defective performance of other obligations expressly incumbent on THERMOTECH under these General Conditions of Delivery or any other written agreement. The CUSTOMER shall indemnify and defend THERMOTECH against any claim made against THERMOTECH in connection with damage to persons, property and goods caused to the CUSTOMER, his employees or third parties. Any assistance to the BUYER beyond the aforementioned obligations is to be regarded as advisory and shall under no circumstances give rise to liability.

THERMOTECH shall be released from all obligations under the purchase contract, including these terms of delivery, if situations arise which are beyond THERMOTECH's control and which THERMOTECH could not foresee when entering into the purchase contract. The following circumstances shall be regarded as grounds for exemption insofar as they prevent performance of the contract or make performance unreasonably onerous: industrial disputes and any other circumstance beyond the control of the parties, such as fire, war, natural disasters, mobilization or military call-up of similar scope or shortages from subcontractors or delay of such deliveries as a result of such circumstance as referred to in this clause.

All technical documents such as operating manuals, certificates, drawings, test results, etc. remain the property of THERMOTECH. THERMOTECH shall make available an agreed number of complete sets of documentation to enable the CUSTOMER to operate and possibly assemble, install and maintain the delivered performance.

THERMOTECH is only liable for defects in the delivery that arise due to material or manufacturing defects within 12 months. The buyer is obliged to examine the delivery as soon as it is received. Any complaint regarding the delivery shall be made in writing and no later than 8 days from the time the defect was or should have been discovered. To the extent that there is a defect that the CUSTOMER has complained about within the time limits described above, THERMOTECH shall remedy the defect without undue delay. THERMOTECH shall decide how the defect shall be remedied, including whether it shall be rectified with new parts or by repair. In case of rectification in THERMOTECH's workshop, THERMOTECH covers all freight costs, labor costs and parts. In case of repair outside THERMOTECH's workshop, all additional expenses associated with freight, travel and accommodation will be charged to the CUSTOMER. Replaced parts on the delivery shall be retained and available for inspection by THERMOTECH for six (6) months. If parts are not kept available as mentioned, any liability in relation to the part in question lapses. It is assumed that the CUSTOMER familiarizes himself with the operating, safety and maintenance regulations prepared for the delivery. THERMOTECH is not liable for faults,

defects or damage due to normal wear and tear, use of non-approved parts etc., improper treatment, inadequate maintenance or overloading. THERMOTECH is also not responsible for changes or modifications to the delivery that are made without THERMOTECH's written consent. Sold goods will not be returned without prior agreement.

Sold goods cannot be returned without prior agreement. In principle, the sales price is not fully credited, and a specific agreement must be made in each individual case. It is assumed that the item is standard and in unused condition. Specially ordered goods will not be returned.

Any dispute between the parties that cannot be resolved amicably shall be settled under Norwegian law by Haugaland District Court, which the parties agree as their venue.