QUOTATION Z / 6028123 / 03 REV3

Modernisation of Packing Plant Sinjar 5135

- 2X HAVER ROTO PACKER 8RVTs Made in Germany

2021/11/15
Content:

I. Price Overview 3
II. General Definitions 4
III. Commercial Terms 5
IV. Technical Conditions 7
V. Technical Specification 9
VI. General Terms of Delivery 18
I. Price Overview
* For explanation of abbreviations see chapter “II. General comments“
HAVER Delivery Local
Position Qty Description Info
Kg Kg
1.00 2 Feeding/dosing system 340
1.01 2 Silo aeration
1.02 2 Connecting piping
1.03 2 Silo modification
2.00 2 Supporting frame for the ROTO-PACKER® U350 1,160
3.00 2 Set of guard plates 613
3.01 2 Emergency-off pull cord switches
4.00 2 Spillage collecting equipment - of low construction height - 1,650
5.00 2 ROTO-PACKER® RVTs 8 10,920
5.01 2 Raised design ROTO-PACKER bin 400
5.02 16 air conditioning of the spout control cabinet
6.00 2 ROTO-PACKER® control 1,000
6.01 2 control cabinet air conditioning
7.00 2 Bag discharge belt conveyor 1,100
7.01 2 Manual height adjusting device via ordinary hand tools
7.02 2 Bag pile-up control 40
8.00 2 Bag directing belt conveyor with integrated bag dedusting device 2,980
8.01 2 Sound insulation of fan 40
9.00 2 Spillage funnel 270
10.00 2 Check weigher 720
10.01 2 Special arrangements in case of high ambient temperatures
OPTION
11.00 2 Bag rejecting device 110
2 Plastic bag destroyer with funnel 1,590
12.00 2 Flat belt conveyor 1,810
12.01 2 Gearbox with synthetic oil
13.00 1 Engineering
14.00 1 Documentation
SUBTOTAL EX WORKS 21,090 2,978

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delivery FOB any seaport according to Incoterms 2020

Page 4 of 22
II. General Definitions

Abbreviation Description
workshop drawing
For all items which are marked with “WD“, HAVER & BOECKER will supply only
workshop drawings.
WD The workshop drawings are issued according to HAVER & BOECKER standard or
sub supplier standard.
HAVER & BOECKER is not responsible for the manufacture and delivery of these
components.
technical data
TD For all items, which are marked with “TD”, HAVER & BOECKER will supply
general technical data for information.
existing
E Items which are marked with “E”, are existing.
customer supply
CS Items which are marked with "CS“, have to be provided by the customer.
free of charge
FOC Items which are marked with "FOC" will be supplied by HAVER & BOECKER free
of charge.
included
INCL For items which are marked with "INCL", the appropriate prices and weights are
considered in another item to be supplied by HAVER & BOECKER.
on expense
OE Items which are marked with "OE", will be charged on expense on the actual
price basis.
partial delivery
For all items, which are marked with "PD", HAVER & BOECKER will supply a part
PD
of the item. Other parts of the item can be provided as workshop drawings (WD),
technical data (TD), customer supply (CS) or are already supplied (E).

Pictures can differ from the actual appearance of the machines.

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Page 6 of 22
III. Technical Conditions

Per 1 Packing Line

Machine data

Filling machine type: ROTO-PACKER® RVTs 8

Weighing range: 10 - 50 kg

Filling tube height: 1200 mm

Bag length range: 350 - 650 mm

Bag width range: 300 - 530 mm

Weight accuracy: +/- 150 g deviation as an average of 10 consecutive weighing

on the same spout, with sufficient bag size, correct bag design,
continuous packing operation, relatively constant bulk density and an
adjusting phase of approx. 5 weighing or 5 revolutions of the packer
when being stopped for more than 10 minutes.
Magnetic fields and oscillations must not have any adverse effect on
the weighing process

Weighing system: The weighing unit is suitable for calibration, however not calibrated.

Product data

Fineness Bulk density Temp. Humidity Properties

No. Product name
Blaine cm²/g kg/dm³ bulked max. °C max. % H2O or remarks
1 CEM I Portland cement 4000 0,90 80 0.5

Remark: 1) Product analysis necessary

Data on performance and packaging

Nominal
Length x Width x
machine Filling weight Pack- Valve width Properties or
No Width of the bottom
capacity kg aging no. mm remarks
mm
bags/h
- glued paper-valve
1 2400 - 2600 50 1 to be clarified to be clarified
bag

Machine capacity: With continuous, trouble-free operation of the machine,

depending on the product and bag characteristics
as well as depending on the dexterity of the operating personnel and
the deaeration properties of the bags.

Kind of Bag: The empty bags shall be designed according to our Specification
4.911.0010.19 and be adapted to the packing plant configuration, the
bag design might have to be optimized after commissioning.

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 Plant data

Total compressed air consumption:

64 Nm³/h

Overpressure: 6 to 10 BAR
Free of oil and water according to industry standard (according to ISO 8573.1)

Total de-dusting air consumption: 15490 Nm³/h at 8 mbar vacuum at the dedusting point
Air consumptions and pressures at: 1 bar 20 °C
Pressures specified are differential pressures.
Ambient conditions
Installation above sea level: max. 1000 m

Ambient temperature max. 55 °C

outside the building: min. 5 °C

Ambient temperature max. 45 °C

inside the building: min. 5 °C

Relative humidity
outside the building: max. 80 %

Relative humidity
inside the building: max. 75 %

Electrical connection data

Operating voltage: 380 VAC +5 % - 5 %
Frequency: 50 Hz +/- 2%
Net form: TN
Control voltage: 230 VAC
Control voltage: 24 VDC
Protection class: IP 54
Insulation class: B
Short circuit: 35 kA
Designing electrical components: Electrical equipment is being designed for operation at the stipulated
capacity in above mentioned ambient conditions. If any special design
request applies, it will be stated itemized in the technical specification.
Painting H&B-Standard-Paint/-construction,
Main color RAL 7035 (light grey) / RAL 5011 (steel blue) Cabinet RAL
7035,
protective grating RAL 9005 (deep black), protective grating support
RAL 1003 (signal yellow)

(values may be different on positions!)

Purchased parts e. g. motors, support rollers, bearing housings, couplings, etc.

receive a standard painting to specification of manufacturer

Other

Plant operation: qualified staff trained by HAVER & BOECKER

Quality assurance: ISO 9001

Quoted equipment is determined in acc. to the above mentioned “Technical Conditions”.

Furthermore the specified equipment is designed acc. to HAVER & BOECKER standards, considering the
EN standards, DIN and VDE standards as far as technically reasonable.
In case of requests for changes HAVER & BOECKER reserves the right of price correction at any stage of
the project.

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IV. Technical Specifications
For 1 Packing Line

04.00 1 Feeding/dosing system

consisting of:

- pneumatically operated flow control gate (control air from compressed air
network)
- the required solenoid valve
- connecting chute

Control drive for flow control gate

for a continuous adjustment of the control gate

05.00 1 Supporting frame for the ROTO-PACKER® U350

WD

sectional steel construction according to layout drawing - to rest on a supporting

structure or platform to be provided by the customer

06.00 1 Set of guard plates

WD

with supporting tubes, for encasing the packer in the lower area

06.01 1 Emergency-off pull cord switches

for the guard plates, incl. door safety switch

07.00 1 Spillage collecting equipment - of low construction height -

WD

consisting of:

the fastening frame

below the packer, made of profile steel construction, provided for being set in the
steel or concrete floor, with grates

the centre funnel

made of steel plate construction, with pendulum flap and dedusting spout for the
packer

the spillage collecting pan

made of steel plate construction, with maintenance opening scrapers, rotating with
the packer, 1 transfer chutes

the spillage funnel

below the discharge belt, including fastening frame with grates and chute

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08.00 1 ROTO-PACKER® RVTs 8
in modular and compact design as well as with the proven vertical impeller filling
system,
the increased maintenance comfort offers maximum of high machine availability
and the modular design a high flexibility.

for bagging into self-closing valve type bags and simultaneous weighing essentially

consisting of:

Slip ring body

for power supply,
including incremental encoder for position sensing and W-LAN data connection to
the stationary part

Compressed-air maintenance device

with pressure-control device and pressure-reducing valve,

Rotation drive
with frequency converted gear motor
(the frequency converter has to be installed in a stationary control panel) for the
output-related ROTO Packer rotation speed,
furthermore the rotation drive allows the emergency brake application within a
quarter rotation,

Packing silo
with level control switch for control of product feed

Filling unit
Each consisting of:

Vertical filling impeller

with lateral maintenance cover

Impeller shaft assembly

Filling turbine sealing with air flushing

Impeller blade wheel

with strong bearing

Drive
for start-stop operation, V-belt drive with guard

Dosing system – ROTO LOCK

in the filling channel, actuated by a pneumatic three position air cylinder for full and
fine flow

Ring gap aeration

in the filling channel, to minimize wall friction for continuous product flow

Intelligent ventilation control

Filling speed-dependent automatic ventilation control for optimal air quantity
adaptation to the respective filling product

Bag chair
with tipping saddle and automatic discharge of the filled bags, with smooth parallel
guide and connected to the load cell arranged above

Saddle height adjusting device

- manual -
for an manual and continuous adjustment of the saddles to different bag lengths

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 Filling tube in conical design
with pneumatically actuated bag holder and automatic bag placing control

Filling spout control

control panel with integrated operator elements, motor control module for the filling
impeller drive and switchgears and solenoid valves for control of the air cylinders

HAVER Microprocessor Weigher Control MEC®

consisting of:
- operating- and display terminal, protection class IP 65
- dialogue-based operation in German and English language and in another
language to be agreed upon
- 99-grades storage
- EC type-examination certificate (PTB)
- OIML certificate

Design with central terminal

the control and operation is carried out:
- centrally via the 12" touch panel which is part of the switch cabinet for the packer
control

08.01 1 Raised design ROTO-PACKER bin

raised by 600 mm

08.02 8 air conditioning of the spout control cabinet

09.00 1 ROTO-PACKER® control

technical data

switch cabinet
place of installation: Local on-site directly at the enclosure
degree of protection: IP 55
width: 1200 mm
heigh: 2000 mm
base: 200 mm
depth: 400 mm
painting: RAL 7035 + 5011

connected load: ca. 56 kW

general
operational equipment / components:

H&B Standarddocumentaton: H&B Standard

inscription:
electric regulations: EN
network configuration: TN

for the following components: dosing system

- Flow-control gate

control part ROTO-PACKER®

- for the rotary drive
- fuse outlet for the filling turbine

control part bag discharge

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 - discharge belt
- bag alignment belt
- bag cleaning device
- checkweigher - control
- bag rejecting device
- cutter
- sreen drum

control part spillage return

- spillage return screw 1
- spillage return screw 2

Control section with MEC®

The MEC® MCU is equipped as follows:

- 16 outputs, 24VDC, 0,5A, short-circuit proof, electrically isolated
- 16 inputs, 24VDC, electrically isolated
- Memory card to store the software and parameters

Depending on the design, the number of inputs/outputs can be extended by

adding:
- n x DCU (Digital Control Unit)
- n x ACU (Analog Control Unit)

Operation
- in the door of the ROTO-PACKER control

HAVER Touch Panel:

- glass touch, with a scratch-resistant surface
- widescreen colour display
- 12” (320 x 242 x 61 mm)
- resolution 1280 x 800 pixels
- IP65
- with language selection
- memory card for saving the software and parameters

for a graphically supported operator guidance, with:

- display of fault and operating messages
- buffer for fault messages
- operation
- parameter input
- management of up to 250 sorts
- display of help text for operating staff
- unlocked on/off operation of all drives for maintenance and repair operations in
the
test mode.

09.01 1 control cabinet air conditioning INCL

OPTION

11.00 1 Bag discharge belt conveyor

Technical data
conveyor belt height: conveyor belt width: center distance:
720 mm
650 mm
1.300 mm

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 completely covered with driving unit and motor, the belt tension device, the idlers and the
rubber belt, incl. dust hood adjustable bag guide plate, openings for maintenance and the
dedusting spout,

In case of bag lengths deviations > 10 cm, the slope of the discharge conveyor has to be
adjusted.

11.01 1 Manual height adjusting device via ordinary hand tools

the adjustment is necessary in the case of bag length differences >10 cm, the inclination
is adjusted by ordinary hand workshop tools

11.02 1 Bag pile-up control

is used to prevent bag jam,
as mechanical switch with bracket (paddle switch)

12.00 1 Bag directing belt conveyor with integrated bag dedusting device
Technical data
conveyor belt height: 720 mm
center distance: 1.400 mm
installation dimension: 1600 mm
belt width: 650 mm
completely covered, incl. hood with maintenance flaps and dedusting flange

made of steel plate construction, driving station with motor, with motor bracket, belt
tension station, idlers, plastic belt

lateral guide plates, manually adjustable, arranged on both sides

the bag dedusting device for all-side dedusting, consisting of:

- the annular piping for all-side air volume
- slit rubber apron at the inlet and outlet

Ventilator
for generating the corresponding cleaning air stream, mounted on the dedusting
hood,

12.01 1 Sound insulation of fan INCL

13.00 1 Spillage funnel WD

Technical data

Length: Width: Height: 1.200 mm 770 mm

1.250 mm

standard funnel underneath of belt conveyor(s), made of steel plate, funnel with
fastening frame and chute (Ø 200 mm)

14.00 1 Check weigher

Technical data

table length: 1100 mm

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 belt width: 700 mm
belt height: 720 mm

electronic check weigher for automatic compensation of the packing machine

weighers, incl. statistic data of filling spouts, patented system

with the following technical features:

- maintenance-free, self-luminous digital display
- classification into 5 classes with plain text indication
- indiction of gross or net weight - to be selected
- conversational input of parameters in plain text
- memory for 99 sorts of product
- production statistics
- weighing system up to 50 kg nominal load
- data exchange for the HAVER-patented filling spout correction system

The statistic data can be transferred to an external PC with DPS software.

If required the customer has to provide an additional separate supporting structure

which is vibration-free and torsion-free in order to achieve the requirements for an
optimum operation.

Interface for remote adjustment of check weigher

for a remote control only the check weigher

14.01 1 Special arrangements in case of high ambient temperatures

at ambient temperatures > 40°C - max. 50°C there must be taken special
measurements at the drive motor

OPTION
15.00 1 Bag rejecting device
with lowerable belt

Technical data:

system height: installation dimension: belt width:

720 mm
1.400 mm 550 mm

the complete belt conveyor with driving and tensioning station,

the lifting device with crank mechanism, incl. the necessary sensors
incl. protection and dedusting hood with dedusting spout, inspection flap and slit rubber
apron at the inlet and outlet

the device is completely wired on a terminal strip

Belt drive
by gear motor

Lifting drive
by gear motor

Gravity roller conveyor

in declined design, arranged within the bag destroyer

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19.00 1 Flat belt conveyor
Technical data

belt width: 650 mm

center distance: 5200 mm
Conveying angle: 0.0 °

consisting of:

Driving station
with driving drum and gear motor

Belt structure

Set of roller

Conveyor belt

Tension station

Set of supporting structures

Pull rope switches

Type Schmersal ZQ 900
with brackets and accessories

Loosely delivered

19.01 1 Gearbox with synthetic oil

20.00 1 Further bag transport

Crude gas quantity

01.00 Belt bucket elevator : 1 x 840 m³/h
02.00 HAVER NIAGARA T-Class 1200 x 2500 E C : 1 x 1350 m³/h
03.00 Storage bin (30 m³) : 1 x 500 m³/h
08.00 ROTO-PACKER® RVTs 8 : 1 x 8500 m³/h
11.00 Bag discharge belt conveyor : 1 x 1500 m³/h
12.00 Bag directing belt conveyor with integrated : 1 x 2800 m³/h
bag dedusting device
Sicherheitsaufschlag : 1 x 0 m³/h
==============
total : 15490 m³/h

22.00 1 Engineering
Detailed plant layout with
- examination and evaluation of the packing means
- planning of the HAVER & BOECKER scope of delivery
- dynamic and foundation loads data
- connection points for compressed air
- connection points for dedusting system
- connection sizes and information at the project boundaries
- layout and arrangement drawings with floor openings
- flow sheet
- technical data for all items marked
- workshop drawings for all items marked

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 - coarse material lists
- piece and screw list
- spare part list with catalogues
- operation and maintenance documentations for all equipment

23.00 1 Documentation
Our scope of delivery comprises the documentation in English or German, submitted
both as a single hard copy and as a USB data storage with PDF documents.

consisting of:
- operating manual
- spare parts list
- circuit and terminal diagrams

The entire documentation is prepared as our standards in accordance with the

applicable regulations.
Additional documents or documentation requirements are available at an extra
charge.

In case the customer demands the operating manual to be in the official language
of the operator’s country or a different language than the one agreed upon, the
supplier shall only prepare it against compensation of the translation costs. If the
customer does not place an order for this with the supplier, he shall be obliged to
make the translation himself or have it made, exempting the supplier from any
possible claims (including third party claims).

Conditions/ Functions
Conditions for an optimal function of the HAVER & BOECKER machine/ plant
during and after the commissioning considering the parameters agreed and
possible warranty claims:
- Observation of the HAVER & BOECKER maintenance instructions
- Use of original HAVER & BOECKER spare parts
- Control cabinet doors and maintenance flaps are to be kept closed.
- The specified tolerances are to be kept regarding electrical current and
compressed- air.
- The bag quality must comply with the standards.
- The operating- and maintenance personnel must be trained and able to read
information and instructions on the displays and direction signs.
- During commissioning the instructions given by the HAVER & BOECKER
commissioning
engineers must be observed.
- Alteration of settings made by HAVER & BOECKER is only allowed for authorized
personnel.
- During the stay of the HAVER & BOECKER personnel competent contact persons
of the
user must be available.
- Packaging logistics (provision of product to be filled, bags, empty pallets and
truck to be loaded) are to be organized by the user.
- Provision of usual tools must be ensured by the user until the end of
commissioning or acceptance.

Our quotation does not include:

- surveying work such as site surveys, surveying of buildings and equipment
- earthworks
- building-, foundation- and concrete works
- air conditioning and space ventilation
- lighting equipment
- sanitary and social equipment

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- energy supply
- motors unless stated in the quotation
- power- and control cable including installation material, as far as not specially
stated
- empty bag transport equipment
- maintenance platforms
- compressor plant including air dryer and piping , as far as not specially stated
- dedusting plant with piping , as far as not specially stated
- pull-wire switch for the conveying belts
- speed monitor
- belt misalignment control
- erection and commissioning
- electrical installation on site (the company carrying out the work has to confirm
that the electrical installation is in accordance with the regulations and has been
checked)
- Core marking inside the switch cabinets, as far as not specially stated
- adaptions of chutes, transfer chutes and piping during erection
- calibration and calibration fee
- internet access (an internet access free of charge has to be placed at disposal
of HAVER & BOECKER within the scope of the commissioning)
- equipment and services which are not specially stated

Page 17 of 22
V. General Terms of Delivery

General conditions for machine deliveries

I. Scope of validity:

These General Conditions of Sale - which are used exclusively for products of machine factory
(hereinafter referred to as "Goods") - shall govern any individual contract (the “Contract”) between
the Supplier and the Buyer, and shall exclusively apply, save as varied by express agreement
accepted in writing by both Parties, to the exclusion of any other terms and conditions subject to
which any such quotation is accepted or purported to be accepted, or any such order is made or
purported to be made, by the Buyer.

II. General provisions:

Full details of any verbal agreements will be immediately confirmed in writing by the Parties. In the
event of contradictions and/or conflicts with the regulations governing the order, Supplier´s order
confirmation will take precedence. Orders or any document will not be binding until they are confirmed
by the Supplier. Guarantees concerning the quality and durability of the Goods will be deemed
granted if they have been expressly stated as such by the Supplier in writing.

III. Confidentiality:

1. Each of the Parties will use all documents (which will also include samples, models and data) and
information (hereinafter referred to as "Confidential Information") received by them under the
business relationship only for the contractual purpose, and maintain secrecy in respect of third parties
with the same due care as applied to their own documents and information, where the other partner
describes them as confidential.

2. The confidentiality obligation does not apply for Confidential Information which demonstrably was
already known to the receiving Party before the disclosure, was already publicly known before the
disclosure, was generally accessible, was disclosed to the public after the notification without
cooperation or fault of the receiving Party or which became generally accessible.

IV. Technical specification:

1. The quantity, quality and technical description of and any specification for the Goods shall be those
set out in the Supplier's quotation or the Buyer's order (if accepted by the Supplier). In case of
alterations the Supplier reserves the right to adjust his quotation technically.

2. Unless otherwise agreed, the supply of the Goods will be carried out in accordance with the EN
standards valid at the time of order placement. For the EN standards which are not available, the
Supplier's work standards, as well as the corresponding German standards, such as DIN and/or VDE
apply.

3. Design, manufacturing or workshop drawings will not be supplied.

V. Price and Payment:

1. Unless otherwise agreed, prices shall be EXW (Incoterms 2020) excluding packing and any taxes,
duties, bank charges, levies, fees and similar charges which may become due outside of the F.R. of
Germany for material supply and/or services.

2. However, the price covers exclusively the agreed scope of delivery to be provided by the Supplier as

Page 18 of 22
 per the technical specification. In case the basics for this agreed price change by modifications of the
scope of supply or any other directive of the Buyer, a new price has to be agreed to take into account
the extra costs and reduced costs.

3. Payments shall be made free to the bank account or payment office notified by the Supplier.

4. Unless otherwise agreed, all payments shall be made in EURO (€). Payments shall be made to the
account mentioned in the invoice.

5. If the price is not issued in EURO (€), the following shall apply: The calculation for the scope of
delivery is made in EURO (€) and offered by the current exchange rate “foreign currency – EURO
(€)”. Invoicing shall be made in the agreed foreign currency at the exchange rate applicable on the
invoice date. Changes in the exchange rate “foreign currency – EURO (€)” at the time of invoicing
result in a price increase or price reduction.

6. Legal rights of the Buyer to set-off against claims of the Supplier for payment are excluded, except
where the corresponding claim of the Buyer has either been finally judicially determined or recognized
by the Supplier in writing.

7. Unless otherwise agreed, payments shall be made within thirty (30) days after the date of invoice. All
payments are to be made without any deduction.

8. If the Buyer fails to pay by the stipulated date, the Supplier shall be entitled to interest from the day
on which payment was due and to compensation for recovery costs. The rate of interest shall be as
agreed between the Parties or otherwise eight (8) percentage points above the rate of the main
refinancing facility of the European Central Bank.

9. If the advance payment or agreed payment security is not provided in accordance with the terms of
the contract, the Supplier shall be entitled to either adhere to or terminate the Contract and shall, in
either case, be entitled to claim damages.

VI. Passing of Risk and Retention of Title:

1. Property in the Goods does not pass to Buyer until the Supplier has received the respective Price in
full.

2. Unless otherwise agreed, the risk of loss of or damage to the Goods shall pass to the Buyer in
accordance with any agreed trade term, which shall be construed in accordance with INCOTERMS
2020.

3. If dispatch of the Goods is delayed at the request of the Buyer or due to reasons for which Supplier
is not responsible, the risk shall pass to the Buyer at the time originally foreseen for the Goods to be
dispatched from Supplier’s premises. From this time on, the Goods shall be stored and insured on
the account of and at the risk of the Buyer.

VII. Delivery:

1. Observance of the delivery period is basically subject to the fulfilment of all obligations of the Buyer
in due time, the timely receipt by the Supplier of all documents, necessary permits and releases,
especially of plans to be provided by the Buyer, as well as fulfillment of the agreed terms of payment.
To the extent said conditions are not fulfilled on time, the time for delivery shall be extended
accordingly unless the Supplier is responsible for the delay.

2. The Supplier retains the right, in case of Force Majeure or unforeseen incidents to extend the start of
delivery accordingly, informing of the occurrence of Force Majeure or unforeseen incidents and
furnishing a corresponding certificate containing proof of the event of Force Majeure or an unforeseen

Page 19 of 22
 incident.

3. Should the Supplier delay the delivery of the Goods later than the agreed time of delivery for reasons
the Supplier is responsible for, the Buyer is entitled to demand liquidated damages at the rate of 0.5
% for each full week of delay, however, limited to 5.0 % of the total value of the Price of the delayed
Goods.

4. After reaching the maximum liquidated damages as per clause VII.3. for delayed delivery, the Buyer
shall grant the Supplier a reasonable extension of time in writing. If such extension is not complied
with for reasons for which the Supplier is responsible for, the Buyer is entitled to terminate the
Contract. If the Buyer terminates the Contract, the Buyer shall be entitled to compensation for the
loss he suffers as a result of the Supplier's delay. The total compensation, including the liquidated
damages which are payable under clause VII.3, shall not exceed fifteen percent (15%) of the Price.

5. Liquidated damages under clause VII.3. and termination of the Contract with limited compensation
under clause VII.4. shall be the only remedies available to the Buyer in case of delay. All other claims
against the Supplier based on such delay shall be excluded, except where the Supplier has been
guilty of gross negligence or intent.

VIII. Warranty:

1. The Supplier is liable for damages caused to the Goods only in that way, that all parts which are
found to be faulty or do not meet with the specified requirements due to incorrect design, bad
materials or bad workmanship within the period of liability for defects will be repaired at Site or in
Supplier's workshop or replaced free of charge ex Supplier's works within a reasonable period of time
at the discretion of the Supplier.

2. All Goods, which have to be replaced due to normal wear and tear, improper service, maintenance
or storage, excessive use, use of any unsuitable, operating means, chemical or electrolytic influence
and use of parts which are not of Supplier's origin are excluded from any liability for defects of the
Supplier. The Supplier shall only be liable for defects which appear under the conditions of operation
provided for in the Contract and under proper use of the Goods.

3. The Buyer has to inspect the Goods immediately after receipt. The Buyer shall without undue delay
notify the Supplier in writing of any defect which appears. If, within a reasonable time, the Supplier
does not fulfil his obligations to remedy, the Buyer may by notice in writing fix a final time for
completion of the Supplier's obligations. If the Supplier fails to fulfil his obligations within such final
time, the Buyer may himself undertake or employ a third party to undertake necessary remedial
works at the risk and expense of the Supplier. Where successful remedial works have been
undertaken by the Buyer or a third party, reimbursement by the Supplier of reasonable costs incurred
by the Buyer shall be in full settlement of the Supplier's liabilities for the said defect.

4. Where the defect has finally not been successfully remedied or the Supplier fails to comply within the
final period to remedy the defect due to reasons he is responsible for, the Buyer has the right to
terminate the Contract by notice in writing to the Supplier. If the defect is not material the Buyer is
only entitled to demand a reduction of the Price in proportion to the reduced value of the Goods.

5. When a defect in a part of the Goods has been remedied, the Supplier shall be liable for defects in
the repaired or replaced part under the same terms and conditions as those applicable to the Goods
for a period of 12 months. For the remaining parts of the Goods, the warranty period shall be extended
only by a period equal to the period during which the Goods have been out of operation as a result
of the defect.

6. The period of liability for defects will be 12 months from the date of commissioning, based on 1-shift
working time per day or maximum 18 months from the date of delivery respectively of the date of
readiness for delivery, whichever comes first.

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7. The rights and remedies of the Buyer set forth in this warranty clause are exclusive and in lieu of any
and all other warranties. This limitation of liability does not apply in the event of gross negligence or
willful misconduct by the Supplier.

IX. Limitation of Liability:

1. Notwithstanding anything to the contrary in this Contract, the Supplier shall in no event and
irrespective of the legal basis (contract, tort, indemnity or any other area of law) be liable to the Buyer
for loss of profit or revenue, wasted overhead, loss of production, loss of use, cost of capital, cost of
substitute goods and any damage, expenditure or loss arising from such damage, any incidental,
indirect or consequential damage or any of the foregoing suffered by any third party.

2. The Parties agree that the Supplier maximum liability, for whatever legal reason, will not exceed fifty
percent (50%) of the net value of all Service invoices under this Contract, but at least twenty-five
thousand Euros (25.000 EURO).

3. The limitations of liability in this Article shall not apply in the case of intent, gross negligence or in
case of bodily injury or death to persons culpably caused by an act or omission attributable to the
Supplier or insofar mandatory law provides otherwise (e.g. under the Product Liability Act).

X. Patent Infringement:

1. Supplier shall be liable for any infringement of patents, licenses or protective rights of third parties
existing at the date of Contract signing that result from the supply or use of the Goods to Buyer.

2. Should intellectual property rights be infringed, the Supplier will take over all court and lawyer’s fees
incurred by the Buyer to avert a dispute on industrial property rights with a Third Party. Further claims
and rights on the part of the Buyer are excluded. The Buyer is obliged to immediately inform the
Supplier about any infringement of industrial property rights. The procedure of averting a dispute on
industrial property rights with a Third Party has to be amicably agreed by the Supplier and the BUYER
in advance.

XI. Software and Property Rights:

1. The Supplier retains all rights to all documentation, in particular drawings, technical documents and
software. The Buyer acknowledges these rights and shall not make such designs, drawings,
documents and software available to any Third Party, either in whole or in part, nor use them for any
purposes other than the agreed purposes without prior written authorization by the Supplier.

2. As far as in case of order software is part of the Goods the Supplier grants to the Buyer the non-
exclusive right for the use of the software including its appropriate documentation. It is supplied for
use only on the Goods for which it is agreed. A use of the software on more than one system is not
permitted. The Buyer has the right to duplicate or revise the software only to the legally permissible
extent. The Buyer commits himself not to remove or to change manufacturer’s data – in particular
copyright notes - without prior explicit approval of the Supplier. Any and all other rights in the software
and the documentation including copies remain with the Supplier and/or with the software Supplier.
The assignment of sublicenses is not permissible.

XII. Applicable Law and Arbitration:

1. The law governing this Contract shall be the Swiss substantive law.

2. The Parties will endeavour that any dispute or difference which may arise from or in connection with
the contract will be settled amicably and in mutual agreement. Should a mutual agreement not be
possible, any dispute or difference arising out of or in connection with the contract or its validity shall

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 be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of
Commerce, by an Arbitration Tribunal of three Arbitrators nominated according to these rules. The
arbitration tribunal shall meet in Zurich/Switzerland. The language for arbitration proceedings shall
be English. The decision of the Arbitration Tribunal shall be binding for both Parties.

XIII. Miscellaneous Provisions:

1. Buyer and Supplier shall obtain the written consent of the other Party prior to the assignment to a
third party of all or any part of its rights, benefits or obligations under this Contract.

2. For all items, the Supplier shall be entitled to select sub suppliers worldwide. However, the Supplier
shall be responsible to the Buyer for the proper performance of the Contract in all respects.

3. In the event of ”Force Majeure” the agreed contractual periods will prolong themselves by the period
of ”Force Majeure” without the Parties being able to assert mutual claims. The Party claiming to be
affected by Force Majeure is obliged to plausibly prove the event of
”Force Majeure”. The following events – included but not limited to - are accepted as
”Force Majeure”: Natural disasters, warlike events, mobilization, sabotage, terrorism, strike, lockouts,
influence of the weather, accidents happening during transportation, erection, i.e. all those things
which could by no means be foreseen or prevented by the Party claiming to be affected by Force
Majeure. Should the case “Force Majeure” last longer than 6 months, both Parties will meet in the
short term to arrive at a mutual agreement for the continuation of the contract.

4. In case the Goods include Services, the Parties will agree to the terms and conditions of the Services
in a separate contract.

XIV. Severability clause

Should any provision of these General Conditions be invalid or become ineffective or invalid at a later
date, the validity of the remaining provisions shall not be affected. In this case both Parties agree to
the insertion of a replacement provision, which is as close as possible to the economic interests of
the invalid provision and the arrangement originally intended by the Parties hereto, in place of the
invalid provision.

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