Bia Africa - Commercial Offer 2022 SMS - Feb 2023 - Eur - 230406 - 100334

Equipements & Services BIA Client information
Level 4, NeXTeracom Tower I SMS

Cybercity, Ebene 72201 Mr. Daniel Shannon
Republic of Mauritius Project : SMI
COMMERCIAL OFFER
CONTACT : SEBASTIEN PERRINE DATE : 21.02.2023
TEL : +2250778498299 PROJET : SMI/LEPLAQUE
MAIL : sebastien.perrine@biagroup.com CUSTOMER’S REF : NONE
OFFER REF : ESB20221611
Date : 21.02.2023 Signature :
Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

| GBL LICENCE NO. C112010676 | BRN C12108106| VAT 27133320 Page 1 of 11
ABOUT US
> OUR HISTORY
With more than 115 years of fascinating history, BIA has acquired outstanding
expertise in the mining and construction business in Benelux and Africa. Today, BIA is
looking to the future with many exciting chapters of its story that remain to be
written.
> OUR PRESENCE

With a presence in more than 20 countries across Europe, Africa and Asia and thanks
to our 1000 employees, BIA is leader in the sales and service of equipment for Mining,
Quarries, Construction, Industry, Transport as well as Energy business.

OUR PHILOSOPHY
COMPLETE SOLUTION PROVIDER :

THANK YOU
On behalf of the BIA organization, we would
like to thank you for your interest in our
products & services.
BIA’s strongly believes in association of
premium products and excellent aftersales
service.
It’s our ambition to support your project
development in the most professional way,
to that end please find below our offer.
We trust it meets your expectations and we
remain at your disposal for further
discussions.
RIGID TRUCK OFFER

In accordance with your request, we are pleased
to submit the following quotation as detailed on
page 5.
Based on our recent discussions we trust the
enclosed meets with your requirements and look
forward to reviewing the details with you.

COMMERCIAL OFFER
TOTAL SALES
UNIT SALES UNIT SALES
ITEM DESCRIPTION QTY PRICE (Indicative)
PRICE (USD) PRICE (EUR)*
(EUR)
KOMATSU DUMPT TRUCK HD785-7 6 $ 1,005,500.00 € 944,131.46 € 5,664,788.73

MUSTER FIRE SUPPRESSION SYSTEM** 6 $ 19,900.00 € 18,685.45 € 112,112.68
FREIGHT AND INSURANCE $ 86,700.00 € 81,408.35
6 € 488,450.70
TOTAL PRICE CIF ABIDJAN (INCOTERMS 2020) $ 1,112,100.00 € 1,044,225.35 € 6,265,352.11
* For prices mentioned in the original exchange rate, the conversion has been provided as an indicative
measure only. EUR/USD Exchange rate: 1.065 (21.02.2023)
This rate can be used for the downpayment.
As discussed, another rate will then be fixed upon receipt of the PO and communication of the Order
confirmation. This rate will be applied on the payment schedule.
Above prices doesn’t include any financial cost and will be subject to changes based on any agreement
between the client and BIA on mode of payment.
Above FSS price include installation and freight CIF Abidjan.
Delivery Time:
Delivery time ***
ITEM DESCRIPTION QTY
(PRIOR TO SALE)
Dump Truck HD785-7 6 5 UNITS AVAILABLE IN BELGIUM

1 UNIT EXW FACTORY MARCH (SUBJECT TO VESSEL AVAILABILITY)
*** The delivery times are purely indicative and may be reviewed before the order. These delivery
times depend on vessel availability, port congestion and local transport as for example. BIA cannot be
held responsible for delays related to maritime freight, customs clearance and internal transport.
These lead-time are applicable as from the date of confirmation with Komatsu Factory or any other
suppliers.
Confidentiality:
This quote is strictly confidential between BIA and the customer and may not be released to third party
without the written approval of BIA Overseas
Ocean freight and other transport costs are estimated and may be revised at the time of embarkation

OFFER CONDITIONS:
1. Warranty
One year parts and labour from date of commissioning as per manufacturer’s warranty conditions.
2. Erection/Commissioning
Assistance for the Erection and Commissioning are included in our offer. The customer will provide
any lifting equipment or space required for the assembly of these attachments to the clients
machine on site
3. Currency
USD
4. Origin / Coming from :

INDIA / BELGIUM
5. Indicative delivery time :

See above information
6. Validity of the offer :

30 days from date of offer.
7. Payment terms (Standard Terms) :

As per financing schedule and terms provided separately.
Other payment terms could be accepted by ESB upon validation of corporate finance
Down payment is not refundable in case of cancellation
Prices doesn’t include any financing costs. (E.g. LC cost)
8. Order confirmation :
The order will be confirmed when the following conditions are met :
- Offer signed including General Terms & Conditions,
- Reception of the order signed by the customer
- Reception of down payment,
- Reception and confirmation of Irrevocable Letter of Credit at sight issued by a first-class bank.
- SMS is committed to provide any securities or documents that might be required by BIA Credit
Committee. After confirmation, the order is irrevocable and cannot be terminated.
9. Terms & conditions :

This proposal is subject to the application of BIA Equipements and Services general conditions of
sale.
The purchaser is assumed to have read and accepted these conditions before ordering.

SALE AGREEMENT INCLUSIONS AND SPECIFICATIONS :
AFTERSALES SUPPORT
BIA can supply 2 (TWO) Technicians at the request of the client for a period to be defined as from the
date of the first machine delivery.
The Scope of Works will be agreed between the parties
Pricing for these technician will be provided upon request.
TRAINING
Operational and Technical Training will be provided Free of charge during one week to the
operators/technicians. Training plan and specifics will be defined afterwards by our training
coordinators. The nature of the training would be subject to the specific needs of mine and the level
of existing operators. During the operator training, our trainee will insist on :
- Machine familiarisation and operational purpose
- Basic structure and Function of the machine
- Basic maintenance (daily basis)
Add-Ons
The machine will be equipped with the below options:
• Muster Suppression System
o The system will be installed and commissioned on site upon completion of the equipment
erection.
• Smartfleet Data Services (1 year)
INSTALLATION AND COMMISSIONING

It will be carried out by Authorized Technicians .Accommodation and catering will be the responsibility
of the customer. For any other situation (Other location than that predefined on delivery, the
customer will cover the technician's costs). BIA also reserves the right to review the conditions of
commissioning if the integrity of the staff is endangered. (Security concerns)
In the event of assembly to be carried out on the machine on site, the customer will provide BIA with
the means of handling, space and equipment necessary to carry out the assembly.
In case of the occurrence of force majeure events or unpredictable circumstances that are in whole
or in part beyond our control (including, without limitation, acts of nature, Political Instability or
Sanction, war, strikes, attacks, terrorist acts, shortage of raw material and energy, shortage of labor
or transportation equipment, damages caused by a fire and an explosion, acts of God), the effect of
which is to hinder or suspend the delivery of the equipment (i) we will be released from our
contractual obligations and, if necessary, shall have the right to suspend, postpone or reduce
deliveries or any other contractual obligations, as long as these events or circumstances may last and
within the limits of their impact.

KOMATSU HD785-7 (RIGID DUMP TRUCK)

The HD785-7 has a number of features to improve
operational safety such as an advanced retarder
braking system. With a capacity of 1464 HP for
continuous decent, the largest in its class and
more than the engine power, this system ensures
the safest downhill travel.
65 km/h 60 m³ / 91 t.
895 kW / 1,200 HP
NET POWER MAXIMUM SPEED BODY CAPACITY
EQUIPMENT INCLUDED :
Variable Horsepower control (VHPC) Overseas / Africa Specifications
Two-speed selective reverse gear Auto. Idling Setting system (AISS)
Anti-pitching 4-wheel oil-cooled retarder Muster Fire Suppression System
Automatic Lubrication System Auto retarder Speed control (ARSC)
Smartfleet – Telematics system Fully hydraulic brake system
Air suspension seat with arm rest Large Tank with Fast Fuel Coupling system (Wiggins)
Some telematics figures below Komtrax plus

INNOVATION AND TECHNOLOGY

For answering the increased need for digitalization of construction sites and mines, BIA has created
SmartFLeet, a center of expertise to support you in this evolution regardless of the brand of
equipment concerned.
TOPOGRAPHY AND GUIDANCE SYSTEMS DATA MANAGEMENT ET ADVICE
Strong of their partnership with the The SmartFleet experts in data management
manufacturer Topcon, SmartFleet's topography and analysis linked to equipment and
and application specialists help their customers production bring the indicators and useful
to digitize their construction sites. So, customers advice to :
can : ✓ The Production improvement
✓ Reduce their production time ✓ A Proactive maintenance to the safety
✓ Carry out their projects in full monitoring
compliance with their plans Smartfleet Live and Alerting Services as per
✓ Improve the site safety. attached.
Ask to your local BIA contact a personalized offer on products and services SmartFleet or go directly
to SmartFleetservices.com.

GENERAL TERMS AND CONDITIONS OF SALES

1. - General The terms we mention in our offers are the deadlines within which the
All our sales and provisions of services, as well as those performed by our equipment may leave the factory. Although other deadlines are mentioned,
agents, assigns and any person or company designated to act on our behalf, they are given as an indicative reference only. We are not bound by any
are governed exclusively by the present general terms and conditions. Any delivery period towards the customer as soon as the equipment leaves the
reference by the customer to its own general terms and conditions will factory.
consequently be deemed to be non-applicable. Any exemption to these In case we fail to meet a reasonable deadline that we would have
general terms and conditions requires our prior and express consent in undertaken to comply with, such failure cannot entail any penalty or
writing and shall be deemed to be valid only for the sale or contract for compensation whatsoever payable by us, nor the cancellation of the order,
which it has been accepted. nor entitle the customer to procure supplies from any other source for our
Our failure or delay in enforcing or partially enforcing these general terms account. Similarly, in case of delays occurring in circumstances that are
and conditions shall not be construed as a waiver of any of our rights under beyond our control, the delivery period may be extended. Hence, if
these general terms and conditions, at present or in the future. necessary, we reserve the right to carry out partial deliveries.
In the present general terms and conditions , the term "equipment" has the 7. - Force majeure
same meaning than the term "goods". In case of the occurrence of force majeure events or unpredictable
2. - Offers circumstances that are in whole or in part beyond our control (including,
All technical specifications and any information contained in our catalogues without limitation, acts of nature, war, strikes, attacks, terrorist acts,
or brochures and other pre-contractual documents are issued and shortage of raw material and energy, shortage of labor or transportation
published for the sole purpose of giving an approximate idea of the goods equipment, damages caused by a fire and an explosion, acts of God), the
and services described therein and they will not form part of the offer. The effect of which is to hinder or suspend the manufacture or supplies of our
mere communication of prices, tariffs, terms and conditions does not in factories, to cause a delay in respect of the performance of our contractual
itself amount to an offer, and therefore does not create an obligation on obligations or prevent us from performing them, (i) we will be released from
our part. The conditions applicable to an offer relate exclusively to the our contractual obligations and, if necessary, shall have the right to
supplies and provisions of services that are specified therein and we are not suspend, postpone or reduce deliveries or any other contractual
bound by them in respect of any additional supplies or provisions of services obligations, as long as these events or circumstances may last and within
which may potentially take place. the limits of their impact and (ii) we will not have to obtain our supplies
Our offers are valid if signed by the persons that we authorize to do so from other suppliers.
within the deadline mentioned therein, and, in the absence of any specific If these events or circumstances last for more than three (3) months, we
mention, during 30 (thirty) days. During this period, we are not subject to retain a right to rescind the contract, and no compensation shall be paid to
any obligation with regard to the customer, and the offers are not binding the customer. The customer, however, shall remain liable for the purchase
on us and may be modified or withdrawn at any time. price of the goods that have been delivered and services rendered before
3. - Intellectual property and privacy the termination of the contract (taxes and fees included), subject to a
All studies, designs, models, plans, drawings, photographs and samples, minimum level equal to the costs that we incurred.
instructions for use and other technical documents provided or In case of the occurrence of events leading to the amendment of these
communicated to the customer remain our property and/or the one of our general terms and conditions, we will be entitled to ask for the amendment
supplier. They are confidential and may only be used to review the offer of the contract so as to restore the initial contractual balance. Hence, the
and for the purposes specifically provided in the contract. They may not be parties undertake to renegotiate the terms and conditions of the contract
copied, nor used, nor communicated to third parties, without our prior and in good faith.
express consent in writing. Their data storage must be returned or 8. - Payment
destroyed (in case of an electronic data storage device in the customer's Unless provided otherwise in an express and prior permission in writing, we
possession) on our first demand and, in any event, after their normal use. do not offer any payment terms or partial payment. Imported equipment
4. - Prices must be paid before leaving the factory. Equipment in stock must be paid
All prices in our offers are net, excluding VAT and any other tax. in cash on collection.
The VAT and, if applicable, other taxes and costs such as import duties, Any amount or invoice remaining unpaid when due will automatically incur
export duties and other taxes, costs relating to transport, freightage and interest, without further notice, calculated pro rata based on the number
insurance are always borne by the customer. of days of delay and the interest rate of twelve (12) months Euribor + 4%,
All goods or equipment to be delivered outside the country or at the port with a minimum of 10% per year. A compensation for the damages and
of discharge are/is sold customs duties and all taxes arising in connection costs we incur due to late payments will also be charged . This
with import are payable by the customer. The customer shall bear alone all compensation will equal to 15% of the outstanding balance (excluding
the consequences of any difference in interpretation of customs tariffs. taxes) for the tranche between 0 and EUR 5,000, 7.5% for the tranche
5. - Cancellation of an order between EUR 5,000 and EUR 25,000 and 5% for an outstanding balance
All orders placed by the customer are considered to be firm. The customer higher than EUR 25,000, subject to a minimum amount of EUR 250, and
can only unilaterally cancel the order or terminate the contract within the without prejudice to our prerogative to claim an higher compensation if we
period mentioned in the offer or, if no period is mentioned, within one (1) are able to prove that we suffered more damages. Also, in case of non-
month after its acceptance of the offer and, in any case, before the payment on the due date, all of our debt claims against a customer shall be
equipment leaves the factory, and by means of registered mail sent to us. due immediately, without further notice and we reserve the right to
In this case, the customer shall pay us a fixed indemnity of 30% of the suspend the delivery of the other customer's orders until full payment has
contract price (excluding VAT) with a minimum corresponding to the been made.
amount of the deposit, without prejudice to this indemnity being increased Additionally, if the customer fails to fulfill any of its obligations, including its
on the basis of the damage actually suffered and proven. payment obligations, we could, instead of treating it as having forfeited the
6. - Delivery times benefit of the terms granted to it in respect of potential payments under
Delivery shall take place in accordance with the agreed INCOTERM, which, the contract in the future, repudiate the contract. In such a case, the
at the time of the conclusion of the contract, shall be in conformity with its contract will be terminated automatically, in whole or in part, by operation
most recent version. Unless expressly set out in the specific conditions of of law and without further notice or resorting to judicial proceedings by
the contract, deliveries shall comply with the selected INCOTERM "EXW" simple notification of our intent to the customer; the supplies must be
("Ex Works") - [*] (2010 Incoterm). If appropriate or necessary, the returned to us immediately at our head office, and we shall be entitled to a
INCOTERM, as well as these general terms and conditions, shall be compensation equal to 50% of the invoice amount, increased with the
completed or amended by the specific conditions of the contract. amount of any transport, insurance and duties and any other charges
caused by the return of delivered goods.

Regardless the place of delivery of the goods or relevant documents, our excluded. We cannot be forced to provide any other reparation or
head office is deemed to be the place of performance for payment maintenance, and, unless otherwise agreed, we have (or, where
obligations, unless otherwise agreed in the specific terms and conditions of appropriate, the manufacturer) ownership of the defective parts.
the contract. The warranty is voided if any person other than one of our employees or a
Where appropriate, drawing and/or receiving bills of exchange or other person not authorized by us attempts to adjust or repair the equipment.
documents of payment will not lead to novation and will not derogate from These clauses do not apply in relation to a pre-used equipment which is sold
these general terms and conditions. with no warranty whatsoever and approved by the act of taking delivery. If
9. - Customer's incidents the customer fails to fulfill any of its obligations, we are automatically and
In the event of a loss of half the customer's corporate capital, of a finally released from all our warranty obligations.
suspension of its payments, of its liquidation, of a declaration of Our responsibility is limited to the above mentioned obligations and we are
bankruptcy, of a judicial reorganization, of a cessation of payments or any not required to compensate our customer for any damage suffered, in
other procedures having the same effect on the customer, we are entitled particular, in case of accident of the staff, loss of earnings or damage to
to rescind or suspend the contract, in whole or in part, and, if necessary, to property other than the one subject to the contract, except in the case of
resume current deliveries. We are also entitled to engage in any legal death or personal injury caused by our negligence or willful misconduct and
actions for the purposes to take back the delivered unpaid goods. in the case of any direct material damage in respect of the property caused
10. - Reservation of title by our own fault or intentional and willful fraud.
Notwithstanding delivery and transfer of risks taking place as of delivery, 13. - Subcontracting and assignment
the goods delivered remain our exclusive property until payment in full by We may assign the performance of all or part of our obligations under the
the customer of the principal amount, interest and any potential contract to a third party without the prior consent of the customer.
indemnities and expenses. The customer, that receives delivery of the We may transfer all or part of the contract to a third party without the prior
goods before their full payment (principal amount, interest, indemnities consent of the customer. The customer cannot transfer in whole or in part
and potential expenses), shall clearly and visibly indicate on the label that its rights and obligations under or arising out of the contract without our
these goods remain our property and shall inform of this, where necessary, prior and written consent.
the secured creditor and the lessor by registered mail (with a copy to us). 14. - Governing law and jurisdiction
The customer is committed to refrain from incorporating or processing the These general terms and conditions, the contract and the relations between
goods in any way, until full and complete payment for the goods has been us and the customer are exclusively governed by Mauritian law.
made. Within this period, the customer agrees to keep us informed in case Any dispute relating to these general terms and conditions or to the
the goods are moved in a leased property so that we can inform the lessor contract, and any dispute between us and the customer, including but not
that we are the owner of the goods. Moreover, under no circumstances limited to the issuance of exchange bills, related actions, guarantee call,
whatsoever should the customer sell, rent, make available to third parties forced intervention, incidental claim or plurality of defendants, shall be
or pledge to anyone else as a security interest the goods as far as they submitted to the jurisdiction of the Mauritian courts. However, we have the
remain our property. We are entitled to engage in any legal actions for the right to bring the proceeding before any other competent court.
purposes of taking back the delivered unpaid goods. 15. - Language of the contract and of the General Terms and Conditions
The customer shall take all necessary measures to ensure our ownership on If these general terms and conditions of sale are brought to the attention
the goods. It shall, in particular, on our request, inform us on the place of the customer not only in the language in which the contract is concluded
where the goods are located and allow, at any time and without any (language of the contract) but also in another language, it is in the sole
restrictions, the access to these areas to our representative, so that he can purpose of facilitating its understanding. In the event of conflicting
take back the goods on first demand and at the customer's costs in case the interpretation, the text drafted in the language of the contract shall prevail.
price (or the balance) has not been paid. In case of bankruptcy, seizure or 16. - Severability
any claims on the goods sold, the customer shall immediately notify to the If any provision of these general terms and conditions or of the contract
trustee in bankruptcy, the bailiff or any other legal representative that the shall be held to be invalid or unenforceable, such provision shall be deemed
goods are still of our property. The customer shall also inform us in case it not to affect the validity or enforceability of the remaining provisions. If
had filed for bankruptcy or in the event the goods had been seized. appropriate, the parties shall replace the invalid or unenforceable provision
11. - Complaints and non-compliance by a valid provision having economic effects similar to those contemplated
Any claim in connection with an invoice must be notified to us by registered by the invalid or unenforceable provision.
mail within eight (8) days after the receipt of the invoice.
No claim in respect of conspicuous defects in any supply whatsoever will be
entertained unless sent to us by registered mail within eight (8) days of
delivery or provision of the services, including a detailed description of the
conspicuous defects.
No claim in respect of latent defects in any supply whatsoever will be
entertained unless sent to us by registered mail within eight (8) days of the
defects being found, including a detailed description of the latent defects.
The claim will not affect the maximum duration of the warranty.
No claim or dispute shall release the customer from its payment obligations
within the relevant deadlines.
If no written claims are addressed to us within the aforementioned
deadlines, all the goods delivered shall be deemed delivered in good
operating condition and accepted by the customer.
12. - Warranty and liability
Our warranty obligations in respect of both conspicuous and latent defects
can never exceed those of the manufacturer or supplier of the delivered
equipment. We cannot warrant our goods in the event of an abnormal use.
The customer shall stop using the goods from the time such defect is noted
until we have examined, within a reasonable period, the root cause of the
defects and we have determined whether such defects are covered by the
warranty.
If a complaint is made and accepted, and the terms of payment have been
honored, our warranty obligation is limited strictly and exclusively to the
replacement of the faulty parts free of charge, any form of claim for
damages in respect of any loss or harm generally whatsoever being


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Equipements & Services BIA Client information

Level 4, NeXTeracom Tower I SMS

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

> OUR PRESENCE

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

COMPLETE SOLUTION PROVIDER :

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

RIGID TRUCK OFFER

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

KOMATSU DUMPT TRUCK HD785-7 6 $ 1,005,500.00 € 944,131.46 € 5,664,788.73

Dump Truck HD785-7 6 5 UNITS AVAILABLE IN BELGIUM

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

4. Origin / Coming from :

5. Indicative delivery time :

6. Validity of the offer :

7. Payment terms (Standard Terms) :

9. Terms & conditions :

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

SALE AGREEMENT INCLUSIONS AND SPECIFICATIONS :

INSTALLATION AND COMMISSIONING

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

KOMATSU HD785-7 (RIGID DUMP TRUCK)

NET POWER MAXIMUM SPEED BODY CAPACITY

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

INNOVATION AND TECHNOLOGY

TOPOGRAPHY AND GUIDANCE SYSTEMS DATA MANAGEMENT ET ADVICE

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

GENERAL TERMS AND CONDITIONS OF SALES

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

Date : 21.02.2023 Signature :

Tel: +230 402 6700 | Fax: +230 464 8733 | info.mauritius@biagroup.com

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