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Commercial and technical proposal

Enquiry No.: COL MEXICHEM CL-1G


Proposal No.: 9113876
Revision: 0

SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Sulzer Chemtech S. de R.L. de C.V.


Calzada a la Venta # 19
Complejo Industrial Cuamatla
54730 Cuautitlan Izcalli , Mexico
www.sulzer.com

Mexichem Resinas Colombia S.A.S Phone direct: +52 5550016882


Fax : +52 55 50016898
Colombia E-mail : arturo.delima@sulzer.com
Document : 9113876 Rev 0
Date : April 27, 2023

Enquiry No.: COL MEXICHEM CL-7G


Proposal No.: 9113876
Revision No.: 1

Dear Mr. Luis Ochoa

Thank you for your valued enquiry received on April 11, 2023, for which we have the pleasure of
presenting our Fixed and Firm Commercial and Technical proposal.

This proposal included the trays for VCM Stripper

We trust that this proposal is in line with your requirements. Should you however have any other
queries, we shall be pleased to be of further assistance.

Yours faithfully,
Sulzer Chemtech Ltd.

Eugenio Floresgomez Arturo De Lima


CTMX General Manager & Legal Entity Head Market Manager for Latin America

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

TABLE OF CONTENT

1 COMMERCIAL PROPOSAL .................................................................................................... 4


BUDGETARY PRICES AND INCOTERMS ................................................................................... 4
TERMS OF PAYMENT ............................................................................................................ 4
DELIVERY TIME ................................................................................................................... 4
VALIDITY ............................................................................................................................. 4
COUNTRY OF ORIGIN ........................................................................................................... 5
MECHANICAL WARRANTY ..................................................................................................... 5
EXPORT CONTROL ............................................................................................................... 5
COMPENSATION FOR CANCELLATION BY BUYER .................................................................... 5
TERMS & CONDITIONS OF SALES .......................................................................................... 6
OVERALL LIMITATION OF LIABILITY ........................................................................................ 6
CONFIDENTIALITY ................................................................................................................ 6
2 TECHNICAL PROPOSAL ........................................................................................................ 7
SCOPE OF SUPPLY .............................................................................................................. 7
CRATING ............................................................................................................................. 7
SPARE PARTS ..................................................................................................................... 8
DOCUMENTATION ................................................................................................................ 8
INSPECTION AND TESTING .................................................................................................... 8
PERFORMANCE AGREEMENT ................................................................................................ 9
MATERIAL QUALITIES ........................................................................................................... 9
MANUFACTURING ................................................................................................................ 9
QUALITY MANAGEMENT SYSTEM (QUALITY, ENVIRONMENT, SAFETY AND HEALTH) ................ 10
INSTALLATION, SUPERVISION AND VESSEL INSPECTIONS ...................................................... 10
INCLUSIONS/EXCLUSIONS .................................................................................................. 10
3 SULZER OVERVIEW ............................................................................................................. 12
4 GENERAL TERMS AND CONDITIONS OF SALE ................................................................. 13
5 APPENDICES ........................................................................................................................ 22
PERFORMANCE GUARANTEE .............................................................................................. 22
TECHNICAL ASSISTANCE RATES ......................................................................................... 22
SUPERVISION RATES ......................................................................................................... 22
PRODUCT DESCRIPTIONS ................................................................................................... 23

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

1 COMMERCIAL PROPOSAL

Budgetary Prices and Incoterms

Total price for the scope of supply as listed in the Technical Proposal, packed and delivered,
EXW CTMX according to INCOTERMS 2020. Furthermore all prices are excl. VAT and any
other taxes. VAT transaction by buyer.

Base Proposal

Option 1: Double nut

Item Services Prices in USD


2.2.1 CL-1G 14,434.-
Total: 14,434.-

Option 2: lock nut

Item Services Prices in USD


2.2.1 CL-1G 14,850.-
Total: 14,850.-

For guidance purposes we have provided unit price breakdown by column but please note that
our prices are calculated on the assumption that a single contract will be placed for the complete
scope of supply.

Terms of Payment

50% With purchase order


50% With delivery notification

All payments 30 days net after invoice date.

Delivery Time

The delivery time for base supply, EXW at Sulzer Chemtech's workshop is 7 weeks after receipt
of written purchase order and clarification of all technical and commercial matters.

Please note that drawings approval time has been assumed to be not longer than 2 working
weeks.
However, our proposed delivery schedule can be adapted to meet your requirements.

Validity

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

The present proposal is valid for 5 days. However, we reserve the right to review/revise our
proposal should raw material prices change substantially.

Country of Origin

Sulzer Chemtech is an internationally active company which operates several manufacturing


plants world-wide. We reserve the right to select the appropriate Sulzer Chemtech
manufacturing site, or as the case may be a subcontractor, in compliance with all agreed
conditions and measures for quality assurance.

Sulzer Chemtech also practices global sourcing of raw materials securing favorable prices for
our clients compliant to all agreed conditions and measures for quality assurance.

Mechanical Warranty

The goods will be warranted for a period of 12 months from the date of initial operation of the
scope or 18 months from the date of shipment, whichever occurs first. If dispatches, erection,
and/or commissioning are delayed due to reasons beyond our control, the warranty period shall
end not later than 18 months after notification that the scope is ready for dispatch.

During the warranty period Sulzer Chemtech shall at its own discretion either repair or replace
the defective goods free of charge. The customer shall make the supplies available for
correction. In no event shall Sulzer Chemtech be responsible for providing access to the
defective part or parts, or bear the costs of the disassembly, removal or reinstallation of the
goods or components thereof. The warranty period of the replaced or repaired parts shall be
same as the original one, but shall expire latest twenty four (24) months from the original
delivery date mentioned above, whichever occurs first.

The selection of the material of construction remains in the client's responsibility.

All defects caused by normal wear and tear, corrosion, vibration and erosion, improper handling
or operation shall be excluded from any warranty.

Export Control

This proposal is submitted under the provision that any export licenses which may be required
by law will be obtained. Such receipt may require the provision of an end-use statement by
end-client. In case of insufficient support by client, or non-acceptance of the export license
application, or withdrawal of an export license, Sulzer Chemtech, as the case may be, shall not
be bound under this proposal, or may terminate the contract due to force majeure.

Where applicable, client shall supply from the “end-user” of the goods and/or technology a
statement of civil end-use for the offered products prior to the effective date of the contract.

Compensation for Cancellation by Buyer

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

In the event client cancels an order placed to Sulzer Chemtech, client shall pay to Sulzer
Chemtech following lump sum compensation:

Cancellation within:
01 week after the order 20% of the order value
01 week to 03 weeks of delivery time 80% of the order value
above 03 weeks of delivery time 100% of the order value

However, the compensation shall in no case be less than the price of the goods delivered at
the moment of cancellation.

Terms & Conditions of Sales

Our proposal is based on our terms and conditions for products and services:
https://www.sulzer.com/en/shared/legal/terms-and-conditions

Should there be any conflict between our conditions and client‘s own Conditions of Contract we
would be pleased to discuss any major differences at your convenience.

Overall Limitation of Liability

In no event shall Sulzer be liable for any indirect, punitive, special, incidental or consequential
damages in connection with this proposal, including but not limited to, loss of profits or
interruption of production, loss of opportunity or business, any and all costs relating to delay,
or claims by the client's customer for such damages, whether such liability is based on contract,
tort (including negligence), statute or any other basis of legal liability. Sulzer’s liability with
respect to damages caused to tangible property shall be limited to the replacement of the
current value of such property. The remedies of client set forth herein are exclusive, and
Sulzer's liability with respect to any contract, indemnity, tort (including negligence), under any
warranty, strict liability or otherwise shall not exceed the contract price, unless claims arise from
gross negligence or willful misconduct of the Sulzer.

Confidentiality

This proposal is protected by copyright in its entirety and in its parts, and may be used only
within the framework of an order placed with us. Any duplication and communication of any part
of the proposal to third parties (except approval authorities) is permitted only with our prior
agreement. In particular, no dimensions, weights, hydraulic data and similar may be made
known to third parties.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

2 TECHNICAL PROPOSAL

Scope of Supply

Option 1: Double nut

2.2.1 Column Tag No.: CL-1G


Column ID.: 54.5 in
Manway ID.: 19.5 in
Qty Description ID (in) Material
Section 1
5 1-pass SVG™ Fixed Valve Trays 54.5 1.4404/316L
- Tr#Ty 22-26
- 3.416 mm thickness
- Tray spacing 24.0 in
---------- ----------
Estimated net weight lb 859.8

Notes:
Hardware included double nut

Option 2: lock nut

2.2.1 Column Tag No.: CL-1G


Column ID.: 54.5 in
Manway ID.: 19.5 in
Qty Description ID (in) Material
Section 1
5 1-pass SVG™ Fixed Valve Trays 54.5 1.4404/316L
- Tr#Ty 22-26
- 3.416 mm thickness
- Tray spacing 24.0 in
-------- ----------
Estimated net weight lb 859.8

Notes:
Hardware included lock nut

Crating

Goods will be packed according to Sulzer Chemtech’s standards:

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Estimated shipping specification

Approximate shipping weight: ~ 1,322.8 lb


Approximate shipping volume: ~ 0.0 ft³

The scope will be delivered in standard 20' or 40' containers. The un-loading is not included in
sellers scope, as per Incoterms 2020. Un-loading has to take place as per the industry
practice. Any demurrage or detention levied by the shipping agency due to delayed unloading
is not included in our price and will be charged at cost. The crates and pallets are non-
returnable and the disposal is excluded from our scope.

Spare Parts

Following spare parts for installation or commissioning are already included in our offered price.

Fasteners (Bolts, Nuts, Clamps, Wedges) 5 %

Considering that our scope of supply is for static equipment, no spares are required for normal
operation. However, in case you require a proposal of such parts for shut-down and
maintenance planning we can send this after completion of detailed engineering as part of the
project documentation package.

Documentation

Our product documentation is handed over as pdf electronic format and consists of:

• General arrangement and attachment drawings including the dimensions of welded


attachments which are in direct connection with our scope of supply such as support rings,
clips, brackets, ring channel for the liquid collector etc.
• Detailed drawings of the internals
• Sulzer Chemtech standard installation instructions
• Certificate of compliance according to EN 10204-2.1
• Material certificate for main materials such as sheets, plates, tubes, pipes, according to EN
10204-3.1.

Standard language for our documentation is English.

Inspection and Testing

Included in our scope:

A sample of each tray item per type and diameter will be shop assembled for visual and
dimensional inspection. However, please note that this excludes assembly onto a support ring
or into a dummy column section unless special provision is made within the contract.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Inspection may be carried out by client and/or by any third party authority on client’s behalf.

Additional inspection and testing options are available, upon request:

Depending on the scope of these inspections and tests we may need to charge reasonable
additional costs.

Column internals are generally non-pressure retaining parts and therefore inspection
requirements for the vessel or pressure retaining pipework are excluded from our scope unless
explicitly defined otherwise. Special requirements regarding hardness, impact testing,
microstructural examination, ferrite testing, and chemical composition analysis of root welds
and recording maximum heat input are excluded.

Performance Agreement

For any performance agreement a separate Performance Agreement document of Sulzer


Chemtech is required. Only the properties named expressly in this document are valid.

Please note it is a requirement of this agreement that the equipment proposed is either installed
or the installation is supervised by Sulzer Chemtech. The cost for this service is not included in
this proposal.

Our supervisor will inspect the works on site and will report mistakes respectively instruct how
to erect non-conformities.
Sulzer will not take the responsibility for the correct installation by any third parties.
The Buyer has to ensure that only experienced and qualified contractors are awarded with the
works on site.

Material Qualities

All materials offered are according to accepted industry practice EN 10088-2 or ASTM A-240.
The selection of the material of construction remains the responsibility of the client.

Small parts such as bolts and clamps, etc. are supplied as follows:

Main material Bolting Clamps/wedges/washers etc.


SS 316(L) (Ti) 316, A4 316L

NACE requirements are excluded from this proposal.

Manufacturing

Welding

Welders and welding procedures are qualified to ASME IX.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Bolting

All bolting for this project will be furnished in the metric system of units.

Tray Thickness

All dimensions are considered without any corrosion allowance.

Panel Connections

Sulzer Chemtech uses the patented Lip/Slots for the interconnection of tray panels. Clamps
are used for connecting the tray to the tray support ring.

Quality Management System (Quality, Environment, Safety and Health)

The Management System of Sulzer Chemtech has been certified by SGS in accordance to ISO
9001, 14001 and 45001.

Installation, Supervision and Vessel Inspections

All the column and separator internals offered are designed to be installed with the vessel in its
final position at site. If you wish to install these items at a module yard or vessel manufacturer’s
works, please check with us as this may require changes in design resulting in additional costs,
extension of delivery time and/or special temporary internal support during transport.

If Sulzer Chemtech provides vessel inspection services for a third party vessel manufacturer or
supervision services for the installation of client’s equipment by client or third parties, such
Inspection and supervision services shall be a consultant service, but constitute no warranties,
guarantees or liabilities in regards to the vessel manufactured respectively the installation work
performed by others.

For all the equipment proposed we offer installation through our Tower Field Service Division
and would be pleased to quote for this service if required. A description of the level of service
that can be offered is included as an appendix to this quotation.

Inclusions/Exclusions

Inclusions

The items below are included in our scope of supply:

• Supply according chapter 2.1


• Documentation according to chapter 2.4
• All necessary small parts for assembly and fixation such as bolts, nuts, clamps and wedges.
• Spare parts according to chapter 2.3

Exclusions

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

The supply of below items is excluded from our proposal. If any of these additional items or
services is required they can be added to the proposal upon request and after clarifications.

• Any performance agreement


• Supports, support-rings, downcomer bars, clips, brackets, ring channels, baffles and all
other parts welded to the column wall, if not otherwise specified in the scope of supply
• Pickling / Passivating
• Degreasing
• Secured bolting
• Design, supply and installation of column shell, nozzles, gaskets and manholes.
• Erection, field supervision and/or commissioning.
• Costs of inspectors, special certificates and tests such as positive material identification,
non-destructive testing other than visual test, etc.
• Rust-ban treatment for carbon steel material
• Fumigation of the crates.
• All feed inlet devices and internal piping, if not otherwise specified in the scope of supply
• Support beams, if not otherwise specified in the scope of supply
• Special fixations for horizontal installation or transport
• Spare parts other than in chapter 2.3
• NACE requirements
• Storage costs (35.- EUR per m3 and month) related to shipment delays not caused by Sulzer
• Any other items or services which are not specified in the above stated scope of supply or
documentation.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

3 SULZER OVERVIEW

Sulzer is a global industry leader with reliable and sustainable solutions for performance-critical
applications. From its beginnings in Winterthur, Switzerland back in 1834, Sulzer has developed
to become a leading player in its key markets. Sulzer divisions are Sulzer Pumps Equipment and
Rotating Equipment Services, Sulzer Turbo Services and Sulzer Chemtech.

Chemtech is a member of the Sulzer Corporation and is a leading player in the fields of process
technology and separation towers, as well as two-component mixing and dispensing systems.
Clients benefit from a global sales, engineering, production, and service network.

Separation technology

We develop, design and produce mass transfer equipment and can offer solutions for all your
separation problems. Our portfolio includes state-of-the-art products for distillation, absorption,
stripping, evaporation, phase separation, liquid-liquid extraction, crystallization, and membrane
separation.

Tower field Services

Sulzer Tower Field Service is the leading provider of specialized mechanical services to offshore
platforms, natural gas plants, oil refineries, and petrochemical plants.
We have been providing mass transfer equipment services, welding services, plant maintenance
and turnaround projects for our clients on a global basis since 1971.

Process Technology

With our innovative range of separation technologies, we fully develop your process solution
from initial concept and pilot testing to start-up of your plant with guaranteed performance. Our
services support you, whatever your application is: chemical, pharmaceutical, polymer, biofuels
or food & beverage.

Mixers

We offer a wide range of multi-component systems for metering, mixing, and dispensing. Static
mixers are used to enable homogenization and dispersion of gases and liquids without resorting
to moving parts.

Research, Testing and Production Services

Our central research and development unit supports industrial companies worldwide with
contract research, services such as diagnostics and certified testing as well as one-off production
and engineering. Sulzer’s intellectual property experts also provide consulting services to
external clients.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

4 General Terms and Conditions of Sale

SULZER CHEMTECH GENERAL TERMS AND “EX WORKS” means an Ex Works delivery as
CONDITIONS OF SALE defined in the version of the INCOTERMS in
These Terms and Conditions can be found place as of the effective date of the contract in
on the Internet under effect as of the date of delivery.
www.sulzerchemtech.com
“Field Services” shall mean the deployment of
1. GENERAL SULZER personnel to a BUYER'S or END
1.1 Definitions USER'S PLANT to provide technical assistance
with specified maintenance, inspection,
“BUYER” means an individual or entity which installation, repair and/or modification work or
signs the CONTRACT documents as counterpart other services specified in the CONTRACT.
to SULZER CHEMTECH.
“FINAL ACCEPTANCE” means the document
“CONTRACT” means the PURCHASE ORDER issued by the BUYER or the END USER at the
plus all documents referred to therein. beginning of the warranty period or, if no FINAL
ACCEPTANCE document is issued, then the
"DELIVERY TERM" shall have the meaning as document evidencing shipment of the goods or
established in the version of the INCOTERMS in completion of the services. For consignment
place as of the effective date of the contract. goods, FINAL ACCEPTANCE will take place at
the date of removal of goods from stock, usually
“EFFECTIVE DATE” means the date of the at the point of consumption.
ORDER CONFIRMATION. If BUYER expresses
its objection to the ORDER CONFIRMATION “GENERAL TERMS” means these General
within three (3) working days after receipt of the Terms and Conditions of Sale of SULZER
ORDER CONFIRMATION, EFFECTIVE DATE CHEMTECH.
shall be the date on which BUYER and SULZER
CHEMTECH reach common agreement on the “INSTALLATION Services” shall have the same
CONTRACT. meanings as “Field Services”.

"END USER" shall have the same meaning as “ORDER CONFIRMATION” means the
BUYER. However, if the BUYER and END USER document provided by SULZER CHEMTECH to
are not the same individual or entity, then the term BUYER as a response to BUYER’S purchase
"END USER" shall mean the individual or entity order documents either by e-mail, facsimile or as
for which the BUYER is obtaining the SCOPE OF a hardcopy.
SUPPLY.
"PLANT" means the BUYER or END USER
“ENGINEERING SERVICES” means facility for which SULZER work is produced and/
engineering work included in the CONTRACT or supplied or services provided.
required to be carried out for the delivery of
EQUIPMENT, FIELD SERVICES, STUDIES and “PURCHASE ORDER” means the purchase
such goods and or services offered. order documents issued by BUYER in the version
confirmed by SULZER CHEMTECH in the
“EQUIPMENT” means skid mounted equipment, ORDER CONFIRMATION. In case of non-
process and mass transfer, mixer or other goods substantial deviations between said purchase
which are specified in the CONTRACT. order documents and the ORDER
CONFIRMATION, the version of the ORDER

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
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SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

CONFIRMATION shall become the binding d) BUYER’S request for an offer


PURCHASE ORDER unless BUYER expresses e) BUYER’S Purchase Terms and Conditions
its dissent within three (3) working days after
receipt of the ORDER CONFIRMATION. 1.5 All documents making part of the CONTRACT
can be changed only by a written, duly signed
“SCOPE OF SUPPLY” means the goods and/or document.
services to be delivered as specified in the
CONTRACT and the pertaining documentation, 1.6 All information and data contained in brochures
to the extent explicitly specified in the and price lists of SULZER CHEMTECH are only
PURCHASE ORDER and agreed upon by both binding to the extent that they are by reference
parties. expressly included in the CONTRACT.

"SPARE PARTS" means wear and tear goods 1.7 SULZER CHEMTECH shall be entitled to engage
not otherwise falling under the definition of sub-suppliers for the performance of the
Equipment. CONTRACT.

“SULZER CHEMTECH” means the company 2. DELIVERY


pertaining to the Sulzer Chemtech Division which 2.1 SULZER CHEMTECH shall deliver the SCOPE
issued the ORDER CONFIRMATION. OF SUPPLY on the dates specified in the
CONTRACT contingent upon BUYER fulfilling all
1.2 These GENERAL TERMS apply to all work contractual obligations, including but not limited to
provided by SULZER CHEMTECH except for the timely release of all input specifications, drawing
Sulzer Chemtech business related to disposable approvals etc.
mixing devices.
2.2 BUYER acknowledges and agrees that the
BUYER is hereby given notice that any deviations delivery of the SCOPE OF SUPPLY may be
from these GENERAL TERMS are expressly delayed and rescheduled in order to
rejected unless such deviations are otherwise accommodate delays caused by:
agreed upon in a mutually signed document. a) Events of Force Majeure as defined in this
CONTRACT;
b) Failure of BUYER or BUYER'S
The validity of offer is for a period of thirty (30) representative to timely make any
days commencing with the date of the offer, required advance payments;
c) Failure of BUYER or BUYER'S
unless otherwise specified in writing by SULZER representative to timely provide;
CHEMTECH. I. revised or additional
specifications;
II. approval drawings; or
1.3 The delivery encompasses the SCOPE OF III. other items, documentation or
SUPPLY and, unless otherwise mutually agreed materials necessary to complete
the SCOPE OF SUPPLY.
in the PURCHASE ORDER, will be made EX
d) Any other reasons beyond SULZER
WORKS. CHEMTECH'S control

1.4 In case of contradiction between CONTRACT 2.3 SULZER CHEMTECH reserves the right to
documents, the following order of precedence suspend production of the SCOPE OF SUPPLY
shall apply: or terminate this CONTRACT in the event that
a) PURCHASE ORDER in the version accepted in BUYER fails to provide any required advance
the ORDER CONFIRMATION or other payments and/or to issue Letter(s) of Credit as
negotiated, agreed and mutually signed agreed in the PURCHASE ORDER within
document, including all documents made a part fourteen (14) days of the due date of the
thereof advanced payment or Letter(s) of Credit.
b) SULZER CHEMTECH’S offer
c) These GENERAL TERMS

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
SULZER CONFIDENTIAL Page 14 of 31
9113876 COL MEXICHEM CL-7G Rev 1

In such event, SULZER CHEMTECH reserves has been made, the hourly rate applied by
the right to charge BUYER for all losses and SULZER CHEMTECH for other customers and
damages suffered by SULZER CHEMTECH by comparable work shall apply. All prices are
reason of such default. exclusive of excise duties, VAT, sales or similar
taxes and duties.
2.4 Unless otherwise expressly agreed in writing in a
document signed by SULZER CHEMTECH, 3.2 Unless otherwise agreed in writing, full payment
SULZER CHEMTECH shall not be subject to any for the SCOPE OF SUPPLY shall be due within
claim for liquidated damages or penalties related thirty (30) days of issue of an invoice by SULZER
to the late delivery of the SCOPE OF SUPPLY. CHEMTECH.

In case the BUYER fails to timely fulfil any of its 3.3 If BUYER disputes any item or charge listed in the
contractual obligations including failure to make invoice, BUYER shall state the item or amount of
payments on time or failure to take delivery when the charge in dispute and the reasons for such
called upon to do so by SULZER CHEMTECH or dispute in writing within such thirty (30) day time
failure to provide necessary infrastructure and period. However, all undisputed amounts shall
facilities to commence the perform of the remain due as specified above.
CONTRACT, SULZER CHEMTECH is entitled to
terminate the CONTRACT. In this case BUYER 3.4 At SULZER CHEMTECH’S discretion, an interest
shall pay to SULZER CHEMTECH the costs and charge of six percent (6%) per annum will be
expenses incurred by SULZER CHEMTECH charged against any outstanding balance
connected with work or services performed prior effective as of the due date of the balance.
to the date of termination, including a reasonable
margin as well as other costs and expenses, 3.5 Unless otherwise agreed in writing, all
including cancellation charges under uncontested payments shall be made according
subcontracts, as SULZER CHEMTECH may to the agreed terms of payment without any
incur in connection with such cancellation. deductions for discounts, set-offs or otherwise.

2.5 Transfer of risk of loss of or damage to the 3.6 To the extent permitted by law, BUYER hereby
SCOPE OF SUPPLY shall be in accordance with grants SULZER CHEMTECH a security interest
the applicable Incoterms. If dispatch is delayed at in the SCOPE OF SUPPLY sold hereunder
the request of the BUYER or due to other reasons (together with all accessories, attachments and
beyond SULZER CHEMTECH'S control, the risk accessions now and hereafter affixed thereto and
of loss of the SCOPE OF SUPPLY shall pass to all substitutions, replacements and all proceeds
the BUYER at the original time the SCOPE OF thereof) as of the date hereof and hereafter to
SUPPLY was scheduled to leave SULZER secure the payment of the purchase price thereof
CHEMTECH'S manufacturing facility. From this and all charges related thereto and authorizes
moment on, the SCOPE OF SUPPLY shall be SULZER CHEMTECH to file financing statements
stored and insured on the account and at the risk (and other such instruments) with appropriate
of the BUYER. Title and ownership shall be local and state authorities.
transferred to BUYER upon receipt of payment in
full by SULZER CHEMTECH. SULZER CHEMTECH reserves the right to
change the credit terms provided herein when, in
3. PRICE AND PAYMENT SULZER CHEMTECH's opinion, the financial
3.1 The prices for the SCOPE OF SUPPLY are those condition or previous payment record of BUYER
stated in the CONTRACT and are fixed and firm so warrants.
until fulfillment of CONTRACT. For work carried
out on a time basis, the prices shall be determined Should BUYER become delinquent on the
in accordance with the hourly rates specified in payment of any sum due hereunder, SULZER
the CONTRACT. If no agreement on hourly rates CHEMTECH will not be obligated to continue

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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performance. Further, in case of late payment, CHEMTECH and used for or developed in the
SULZER CHEMTECH may, after having notified course of the fulfillment of the CONTRACT by
the BUYER in writing, suspend its performance of SULZER CHEMTECH shall remain SULZER
the SCOPE OF SUPPLY until the open and due CHEMTECH’S property, and no ownership shall
invoices have been paid. be transferred to BUYER with respect to such
know-how, inventions, patents and copyrights,
3.7 If BUYER and SULZER CHEMTECH agreed on independent of the hardware on which such
issuing a Letter of Credit by BUYER in favor of know-how, inventions, patents or copyrights is
SULZER CHEMTECH, such Letter of Credit shall made available (machinery, paper, electronic
be irrevocable, unconditional, and issued by a first medium, etc.). However, BUYER shall be granted
class worldwide active bank. The Letter of Credit a limited right to use such know-how, invention,
shall remain valid until the delivery of the entire of patents, copyright or the like for the operation,
SCOPE OF SUPPLY plus ninety (90) days. maintenance and repair of the SCOPE OF
SULZER CHEMTECH reserves the right to SUPPLY on a non-exclusive basis, which right
approve the issuing bank. Withdrawal of the shall not include the use of the said intellectual
money shall be against the documents that are property for the reproduction of the SCOPE OF
mutually agreed upon in writing. SUPPLY or parts thereof. If the SCOPE OF
SUPPLY consists of ENGINEERING SERVICES,
4. INTELLECTUAL PROPERTY BUYER shall be permitted to use, on a non-
4.1 BUYER shall provide the technical exclusive basis, the documentation received for
documentation (e.g. up-to-date drawings, the purpose described in the CONTRACT. In
descriptions, charts, instructions, etc.) that is case of doubt, ENGINEERING SERVICES
necessary for the delivery of the SCOPE OF provided for the development or construction of
SUPPLY and is specified in the CONTRACT. EQUIPMENT shall be deemed to be made
BUYER confirms that BUYER is fully authorized available for the procurement of such goods from
to use (or have used) the technical documentation SULZER CHEMTECH solely.
provided to SULZER CHEMTECH for the
performance of the SCOPE OF SUPPLY by 4.4 To the best knowledge of SULZER CHEMTECH
SULZER CHEMTECH or its sub-suppliers, the SCOPE OF SUPPLY and any part thereof, in
respectively. In case BUYER would not be the particular form sold by SULZER CHEMTECH,
authorized to order said performance from shall not infringe any intellectual property rights of
SULZER CHEMTECH without violation of third parties. In the event of any patent
intellectual property rights of third parties, or if infringement relating to the said SCOPE OF
such right should be challenged, BUYER shall SUPPLY, SULZER CHEMTECH may, in its sole
inform SULZER CHEMTECH without any delay. discretion, procure the right to use the SCOPE OF
In this case, SULZER CHEMTECH shall stop the SUPPLY without impairing its suitability, or modify
work until the approvals needed for the or replace it so that it is rendered non-infringing.
performance have been obtained. The obligations of SULZER CHEMTECH set forth
herein are contingent upon (i) SULZER
4.2 Each party to the CONTRACT retains all rights to CHEMTECH receiving prompt written notice from
any technical documents provided to the other BUYER of such infringement; (ii) SULZER
party. The party receiving such documents CHEMTECH receiving assistance from BUYER in
recognizes these rights and shall, without the defense; and (iii) the right of SULZER
previous written consent of the other party, not CHEMTECH to settle or defend.
make these documents available to any third
party, either in whole or in part, nor use them for 4.5 The obligation under 4.4 above of SULZER
any purpose other than to fulfill the CONTRACT. CHEMTECH shall not apply to (i) the SCOPE OF
SUPPLY or part thereof which has been
4.3 Any know-how, inventions, patents or copyrights manufactured according to BUYER'S design, (ii)
or the like belonging to or provided by SULZER services performed by using BUYER’S

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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documentation, (iii) the use of the SCOPE OF service personnel, such time to be calculated and
SUPPLY or any part thereof in conjunction with charged in accordance with Article 3.
any other product in a combination not furnished
by SULZER CHEMTECH as part of the SCOPE 6. WARRANTY
OF SUPPLY, (iv) to products fabricated by using Articles 6.1 through 6.4 contain specific
the SCOPE OF SUPPLY. As to any such warranties referring to various SCOPES OF
equipment, service, product, part or use in such SUPPLY. Only the warranty provision(s) referring
combination, SULZER CHEMTECH assumes no to a specific SCOPE OF SUPPLY shall apply.
liability whatsoever for infringement of intellectual
property rights of third parties, and BUYER shall 6.1 EQUIPMENT
indemnify and hold harmless SULZER a) SULZER CHEMTECH shall remedy any defect
CHEMTECH against any respective infringement arising within twelve (12) months from the date of
claims. SULZER CHEMTECH shall co-operate initial operation of the EQUIPMENT or eighteen
with BUYER in the same manner as required by (18) months from the date of shipment, and, if
SULZER CHEMTECH under 4.4 (i) to (iv) herein dispatches, erection, supervision of erection
above. and/or commissioning are delayed due to
reasons beyond SULZER CHEMTECH'S control,
4.6 SULZER CHEMTECH’S copyrighted material the warranty period shall end not later than
shall not be copied by BUYER except for eighteen (18) months after notification that the
archiving purposes or to replace a defective copy. EQUIPMENT is ready for dispatch (whichever
date shall occur first). This warranty shall apply to
5. INSTALLATION AND SITE PREPARATION defects resulting from faulty materials or faulty
5.1 If installation services are a part of the SCOPE OF workmanship. Additionally, to the extent SULZER
SUPPLY, it is the responsibility of the BUYER to CHEMTECH has provided the design for the
prepare the site environmentally and to provide EQUIPMENT, this warranty shall also apply to
the required services, electrical wiring and defects resulting from faulty design.
conduit, dry compressed air and piping, gas
supply and piping, tools for installation, water b) If requested to do so by BUYER in writing, and as
drain, permits, including work permits, licenses, BUYER’S sole and exclusive remedy, SULZER
approvals, etc. as well as whatever is required to CHEMTECH agrees to, at its sole option, either
uncrate and move the equipment to its location. repair or replace the faulty parts of the
EQUIPMENT, or supply BUYER with non-
5.2 BUYER also undertakes to maintain the facilities defective EQUIPMENT or part thereof. These
upon which SULZER CHEMTECH’S personnel remedies shall be provided for the defects notified
may be required to enter, in a safe condition, and to SULZER CHEMTECH during the warranty
to comply with all applicable laws, statutes and period under the conditions defined in Article 6.5
regulations governing workplace health and herein.
safety, and to give SULZER CHEMTECH’S
personnel all instructions necessary. SULZER c) The warranty period for any EQUIPMENT which
CHEMTECH shall make sure that its personnel is repaired or replaced shall be for a period of
will follow all instructions reasonably made by twelve (12) months or the remainder of the
BUYER. The same applies vice versa in case original warranty period, whichever period is
BUYER’S personnel have to enter upon SULZER longer.
CHEMTECH’S facilities.
6.2 FIELD SERVICES
5.3 BUYER’S failure to comply with the obligations a) SULZER CHEMTECH warrants that the FIELD
stated in Articles 5.1 and 5.2 above shall entitle SERVICES will be performed as specified in the
SULZER CHEMTECH to either stop rendering its CONTRACT and will comply with applicable
services, and/or postpone the delivery, and/or ask industry standards and practices. SULZER
for additional charges for the lost time of its CHEMTECH shall remedy any defect arising

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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within ninety (90) days from the date of


completion of the FIELD SERVICES work and b) The warranty period for any engineering services
which are resulting from faulty workmanship which have been re-performed under the
performed by SULZER CHEMTECH. Defects warranty shall be for a period of six (6) months.
resulting from insufficient or inappropriate
documentation delivered by BUYER shall be 6.4 Performance Guarantee
remedied at BUYER’S cost. Unless explicitly agreed upon in writing in the
CONTRACT, SULZER CHEMTECH shall not
b) If requested to do so by BUYER in writing, and as provide performance guarantees.
BUYER’S sole and exclusive remedy, SULZER
CHEMTECH shall at its sole option repair the 6.5 General Conditions applicable to SULZER
defective FIELD SERVICES or re-perform such CHEMTECH’S Warranty
FIELD SERVICES. These remedies shall be a) Maximum Extension of Warranty Period
provided for the defects notified to SULZER The warranty period for any part of the SCOPE
CHEMTECH during the warranty period under the OF SUPPLY which is repaired or replaced shall
conditions defined in Article 6.5 herein. be for the applicable period specified under 6.1
through 6.3 or the remainder of the original
c) All FIELD SERVICES work which is remedied warranty period, whichever period is longer.
shall be warranted for a period of ninety (90) days Under no circumstances shall the repaired,
from the date of the completion of repair or replaced or re-performed warranty period extend
reperformance. for a period of time which is greater than 50% of
the original period.
d) SULZER CHEMTECH shall bear the costs for the
corresponding repair or the re-performance of b) Inspection of Equipment and Services
work whether occurring at the SULZER BUYER shall ensure that inspection of SULZER
CHEMTECH or BUYER or END USER facility to CHEMTECH'S SCOPE OF SUPPLY and the
the extent that they are reasonable under the issuance of a written notice of FINAL
circumstances. BUYER or END USER shall grant ACCEPTANCE shall occur within seven (7) days
SULZER CHEMTECH the first opportunity to of receiving SCOPE OF SUPPLY. If a written
remedy any defect in the FIELD SERVICES. If the notice of FINAL ACCEPTANCE is not received,
BUYER or END USER has obtained the services then FINAL ACCEPTANCE will be deemed to
of a third party to perform the FIELD SERVICES, have occurred fourteen (14) days after BUYER or
SULZER CHEMTECH shall bear the costs for the END USER has received SULZER
corresponding repair or re-performance work CHEMTECH'S EQUIPMENT or ENGINEERING
provided that the BUYER or END USER has SERVICES or fourteen (14) days after the
obtained SULZER CHEMTECH’S prior written completion of SULZER CHEMTECH'S FIELD
approval. SERVICES.

6.3 ENGINEERING SERVICES c) Place where Warranty Work will be


a) SULZER CHEMTECH’S obligations consist of executed
using proper care and skills in performing the SULZER CHEMTECH reserves the right to
work described in the CONTRACT. Unless require that BUYER or END USER return the
otherwise explicitly agreed upon in writing, SCOPE OF SUPPLY or parts thereof to SULZER
SULZER CHEMTECH shall not provide any CHEMTECH’S production facility to provide
warranty for successful achievement of the proper warranty service. In such cases, SULZER
results envisaged in the CONTRACT. Defects CHEMTECH shall reimburse BUYER or END
arising from faulty ENGINEERING SERVICES USER for the reasonable costs paid for sea or
arising within six (6) months from completion land transportation of the SCOPE OF SUPPLY. If
thereof shall be re-performed by SULZER the return of the SCOPE OF SUPPLY to SULZER
Chemtech at its own cost. CHEMTECH'S production facility is not required,

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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then SULZER CHEMTECH shall use its best g) No Additional Warranties or


efforts to perform the warranty work at BUYER’S Representations
or END USER’s facility, and as soon as SULZER CHEMTECH MAKES NO WARRANTY
reasonably practicable after receipt of written OR REPRESENTATION TO THE SCOPE OF
notification by the BUYER or the END USER. SUPPLY OTHER THAN AS SPECIFIED IN THIS
BUYER or END USER shall make the SCOPE OF SECTION. ALL OTHER WARRANTIES,
SUPPLY available for SULZER CHEMTECH to EXPRESS OR IMPLIED, INCLUDING BUT NOT
repair or replace. SULZER CHEMTECH shall not LIMITED TO THE IMPLIED WARRANTIES OF
be responsible for the disassembly, removal or MERCHANTABILITY AND FITNESS FOR A
reinstallation of the SCOPE OF SUPPLY. PARTICULAR PURPOSE, ARE HEREBY
DISCLAIMED.
d) Early termination of Warranty Period
The warranty periods stipulated in 6.1 through 6.3 6.7 Hazard Warning Responsibility
above shall terminate if BUYER or a third party BUYER and SULZER CHEMTECH acknowledge
undertake inappropriate or improper modification that each have respective obligations with respect
or repairs, or if the BUYER, in case of a defect, to maintaining compliance with all safety and
does not as soon as reasonably possible take health related regulations concerning SCOPE OF
appropriate steps to mitigate damages and to SUPPLY. BUYER is familiar with the SCOPE OF
notify SULZER CHEMTECH in writing of its SUPPLY and acknowledges its separate and
obligation to remedy such defect. independent knowledge of such risks, which are
known in BUYER'S industry. BUYER shall
e) Exclusion from SULZER CHEMTECH’S maintain compliance with all safety and health
Warranty related governmental requirements concerning
Excluded from SULZER CHEMTECH’S warranty SCOPE OF SUPPLY and shall take all
and liability for defects are all deficiencies which reasonable and practical steps to inform, warn,
cannot be proved to have their origin in bad and familiarize its employees, agents,
material, faulty design (if applicable), or poor contractors, and customers with all hazards
workmanship. Also excluded from SULZER associated therewith, including handling,
CHEMTECH’S warranty and liability for defects shipment, storage, use, and disposal. BUYER
are deficiencies resulting from normal wear and assumes as to its own employees, its
tear, improper maintenance, failure to observe independent contractors, and subsequent
the operating instructions provided by SULZER purchasers of the SCOPE OF SUPPLY sold
CHEMTECH or deficiencies resulting from other hereunder, all responsibility for any and all
reasons beyond SULZER CHEMTECH’S control, necessary warnings or other precautionary
including damages caused by erosion or measures. BUYER shall defend at its own
corrosion. For supplies and services of those expense, indemnify fully and hold harmless
subcontractors prescribed by the BUYER, SULZER CHEMTECH and its parents,
SULZER CHEMTECH assumes warranty, subsidiaries, and affiliates and its and their
guarantee and/or liability for defects only to the agents, officers, directors, employees,
extent that such subcontractors assumed representatives, successors, and assigns from
warranty, guarantee and/or liability obligations in and against any and all liabilities, losses,
its contract with SULZER CHEMTECH. damages, demands, claims, penalties, fines,
actions, suits, legal, administrative or arbitration
f) Dismantling and Reassembly proceedings, judgments of any jurisdiction, costs
To the extent necessary to remedy the defect, and expenses (including, but not limited to,
BUYER or END USER shall, at their own attorney’s fees and related costs) arising out of or
expense, arrange for any dismantling and in any manner related to BUYER'S failure to
reassembly of EQUIPMENT. provide necessary warnings or other
precautionary measures in connection with the
SCOPE OF SUPPLY sold hereunder.

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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8.3 SULZER CHEMTECH, BUYER and END USER


7. OVERALL LIMITATION OF LIABILITY shall support and assist each other without undue
NOTWITHSTANDING ANYTHING TO THE delay with obtaining any necessary information or
CONTRARY IN THE CONTRACT, INCLUDING documentation required by any authority in
ALL DOCUMENTS FORMING A PART OF THE connection with the CONTRACT. SULZER
CONTRACT AND TO THE MAXIMUM EXTENT CHEMTECH'S acceptance of the CONTRACT
PERMITTED BY LAW, IN NO EVENT SHALL shall be subject to the receipt of all necessary
SULZER CHEMTECH BE LIABLE TO THE export authorizations required from any
BUYER OR ITS CUSTOMER FOR ANY LOSS governmental authority which has jurisdiction over
OF PROFIT, LOSS OF CONTRACTS OR this CONTRACT.
EARNINGS, INTERRUPTION OR LOSS OF
PRODUCTION OR LOSS OF USE OR LOSS OF 8.4 The BUYER hereby represents and warrants that
OPPORTUNITY, DELAY IN DELIVERY OR it is, and will remain in compliance with the
CLAIMS BY THE BUYER'S CUSTOMER FOR requirements of all applicable export laws and
SUCH DAMAGES OR BUSINESS, INDIRECT, regulations, including but not limited to the U.S.
INCIDENTIAL OR CONSEQUENTIAL Export Administration Regulations and
DAMAGES, WHETHER SUCH LIABILITY IS International Traffic in Arms Regulations. Such
BASED ON CONTRACT, INDEMNITY, TORT requirements include, but are not limited to
(INCLUDING NEGLIGENCE), STATUTE OR obtaining all required authorizations or licenses
ANY OTHER BASIS OF LEGAL LIABILITY. THE for the export or re-export of any controlled item,
REMEDIES OF BUYER SET FORTH HEREIN product, article, commodity, software or
ARE EXCLUSIVE, AND SULZER CHEMTECH'S technology. Without limiting the generality of the
LIABILITY WITH RESPECT TO ANY foregoing, the BUYER hereby represents and
CONTRACT OR SALE OR ANYTHING DONE IN warrants that it has not been, and is not currently,
CONNECTION THEREWITH, WHETHER IN debarred, suspended or otherwise prohibited or
CONTRACT, TORT (INCLUDING restricted from exporting, re-exporting, receiving,
NEGLIGENCE), UNDER ANY WARRANTY, purchasing, processing or otherwise obtaining
STRICT LIABILITY OR OTHERWISE SHALL IN any item, product, article, commodity, software or
TOTAL NOT EXCEED 100% OF THE technology regulated by any agency of the United
CONTRACT PRICE TO BE PAID TO SULZER States or any other state. The BUYER agrees to
CHEMTECH, UNLESS CLAIMS ARISE indemnify and hold harmless SULZER
DIRECTLY FROM GROSS NEGLIGENCE OR CHEMTECH from any costs, penalties or other
WILFUL MISCONDUCT OF SULZER losses caused by, or related to, any violation or
CHEMTECH. breach of the warranties contained in this
provision.

8. EXPORT AND OTHER GOVERNMENTAL 9. FORCE MAJEURE


DOCUMENTS 9.1 SULZER CHEMTECH shall not be liable for any
8.1 SULZER CHEMTECH undertakes to provide the non-performance, loss, damage, or delay due to
documents required by the authorities at SULZER acts of God such as but not limited to severe
CHEMTECH’S place for the manufacturing and weather conditions, fire, flood or war, riots, strikes
transportation EX WORKS of the SCOPE OF or labor difficulty, governmental acts such as but
SUPPLY. not limited to trade restrictions including
embargoes, acts of the BUYER or END USER,
8.2 BUYER undertakes to provide all other delays in transportation, inability to obtain
documents required, e.g. documents required by necessary labor or materials from usual sources,
an authority at BUYER’S or BUYER’S customer’s or other causes beyond the reasonable control of
place, or the place where the SCOPE OF SULZER CHEMTECH. In the event of delay in
SUPPLY will be used. performance due to any such cause, the date of
delivery or time for completion will be extended to

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reflect the length of time lost by reason of such b) Nothing contained in this CONTRACT shall limit
delay. If the grounds for Force Majeure continue the rights of SULZER CHEMTECH available
for more than six (6) months, either SULZER under the applicable law.
CHEMTECH or BUYER may terminate the
CONTRACT upon seven (7) days' written notice c) In case of a dispute, the parties shall make their
to the other party. best efforts to resolve such dispute amicably. If an
amicable resolution should not be possible, the
9.2 SULZER CHEMTECH shall be entitled to be resolution of the dispute shall be conducted in
compensated for the extra costs caused by the either the Federal or State court of competent
interruption, or, in case of termination, for the work jurisdiction sitting in Harris County, in the State of
done prior to termination and the expenses for Texas, USA. However, SULZER CHEMTECH
non-cancelable procurements. BUYER shall be reserves the right to initiate a claim against
entitled to receive the work for which it has paid. BUYER at BUYER'S location.

10. FREE ISSUE MATERIALS 11.2 Assignment


Materials supplied by BUYER to SULZER Any attempt to assign, transfer, or delegate any
CHEMTECH (e.g. samples to be processed or of the rights, duties or obligations herein to a third
tested, product for usage in performance tests, party without prior written consent of the other
materials to be used for implementation in the party shall render such attempted assignment or
SCOPE OF SUPPLY, etc.) shall at all times transfer null and void. SULZER CHEMTECH’S
remain the property of BUYER and shall be affiliated companies shall not be considered third
sufficiently covered under BUYER’S property parties for this purpose.
insurance policy. Subject to Article 6 and 7
hereinabove, SULZER CHEMTECH shall be 11.3 Waiver of Rights
solely liable for damages caused by gross SULZER CHEMTECH’S or BUYER’S failure to
negligence or willful misconduct to FREE ISSUE exercise any of its rights shall not constitute or be
MATERIALS. deemed a waiver or a forfeiture of such rights.

11.4 Severability
If a provision of the CONTRACT is determined to
11. MISCELLANEOUS be void or unenforceable, this finding shall not
render other provision void or unenforceable, and
11.1 Applicable Laws and Jurisdiction SULZER CHEMTECH and BUYER shall make
a) The CONTRACT shall be construed and shall be their best endeavors to replace such provision by
interpreted in accordance with the laws of the a valid one covering the original commercial
State of Texas, located in the USA excluding and intention as far as legally possible.
without application of any conflict of law rules.

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Documents must not be copied, reproduced or made available to third parties without our written consent.
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5 APPENDICES

Performance Guarantee

Technical Assistance Rates

Supervision Rates

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Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 22 of 31
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Product Descriptions

Conventional Trays

Whatever your requirements, we have the right tray. Thanks to our global expertise and
wide array of conventional and high performance tray technologies, we can provide you
with an optimum solution.
The available trays range from conventional to high performance, and the latest
developments of ultra-system limit trays. Within the family of conventional trays, we
offer:

• Sulzer proprietary SVG™ (fixed) and BDH™ (floating) valves


• Round and caged floating valves
• Slit Trays™
• Sieve, bubble cap, cartridge, dual flow, and other trays

For detailed information please refer to our brochure Leading Tray Technology.

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Page 23 of 31
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Floating Valves

Floating valve trays are used in applications where higher turndown ratios are required.
Due to their ability to control vapor flow, they provide a higher efficiency over a wider
operating range than sieve trays. We can provide our proprietary BDH™ valve and
conventional round valve trays.

BDH™ Valve
• Unique rectangular-shaped
valves
• Valves oriented parallel to
liquid flow direction
• No liquid flow under valves
• Minimized weeping due to
lateral vapor release
• Improved turndown ratio
compared to round valves
• Improved efficiency/capacity
profile compared to conventional round valve trays
• Wide legs and lack of valve rotation reduce damage and wear
• Design allows for top side valve replacement
• Available range of valve lifts and weight allow for optimal design

Round Valve
• Available for replacement or as per client
specification
• Two deck variations: RV1 with flat deck and RV4
with venturi hole for lower pressure drop

Other valves are available for replacement or upon


request: BDP valve, snap-in valve, caged valve

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Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 24 of 31
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Fixed Valves: V-Grid Trays

The V-Grid tray technology utilizes a fixed valve and combines the attributes of sieve and
float valve trays. The tapered, rectangular valves are formed out of the tray deck and are
oriented parallel to the liquid flow, thus providing unique advantages compared to
traditional sieve trays.

Main Benefits
• Lower froth height, less entrainment
due to lateral vapor release
• Increased capacity and improved
turndown compared to sieve trays
• High efficiency over a wide operating
range through improved vapor-liquid
contact
• Superior mechanical strength due to
increased stiffness of tray deck, no
moving parts and therefore no wear
• Excellent fouling resistance

Key Characteristics
• V-Grid tray technology utilizes a fixed valve
• Tapered, rectangular valves are formed out of the tray deck
• Orientation of valves parallel to liquid flow
• Lateral vapor release through valves

Smaller valves provide more capacity than larger ones due to reduced pressure drop and
entrainment rate. To meet your
requirements, we offer the following
standard sizes: SVG, MVG and MMVG.
The largest older type LVG is only
available for replacement.

SVG Trays
• Largest lateral openings available
• Exiting vapor cleans the tray deck
• Excellent performance in fouling
services

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Other Conventional Trays

The following trays complete the portfolio of conventional trays, and include any kind of
special trays you may request.

Sieve Trays
• Low cost tray where high turndown is not required
• All common sieve trays designs are available, including small holes for improved
vapor capacity, and venturi holes for low pressure drop

Bubble Cap Trays


• For low liquid loads and very high
turndown ratios
• Three sizes available: 3” and 4” caps,
6” slotted caps

Cartridge Trays
• Typically used in flanged columns where the tower diameter does not allow the
passage of a person
• Trays are available with all types of decks and various downcomer designs

Dual Flow Trays


• Perforated trays without downcomer
• Suitable in highly fouling services where tray efficiency is not a concern

Additionally Sulzer offers any kind of trays that you may require, e.g. Slit trays, baffle,
shower deck, disc and donut, orbit or horse shoe trays.

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Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 26 of 31
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High Performance Trays

Sulzer currently offers a comprehensive range of high performance trays, including high
performance chordal downcomer, multi-downcomer and the latest developments of ultra-
system limit trays.

Enhanced Deck High Performance Trays

Sulzer’s proprietary high performance trays combine special tray decks for superior vapor
capacity with state-of-the-art downcomer technology. They are ideal for column revamp
applications and for decreasing the size of new towers.

MVG™ Trays
• Mini V-Grid trays use smaller valves than the conventional SVG valve
• Provide up to 20% higher capacity compared to standard sieve or valve trays
• Deliver higher efficiency and lower pressure drop per theoretical stage
• Have a turndown ratio of 3:1

MMVG™ Trays
• Micro V-Grid trays use smallest available valve size
• Offer an additional 7% higher capacity compared to MVG
• Are used at extremely high vapor loads

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 27 of 31
SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

UFM™ valve Trays

UFM™ is a floating valve which maximizes the hydraulic capacity of a fractionation tray
and the operating range.
Key Characteristics
• UFM™ is a mini-floating type of valve
• UFM™ provides up to 20% additional capacity compared to conventional sieve and
valve trays
• UFM™ has at least the same operating range as a conventional floating valve
• Minimizes weeping due to lateral vapor release
• UFM™ valves are oriented parallel to liquid flow direction
• The rectangular shape of the legs prevents spinning and wearing
• UFM™ is equipped with four dimples to prevent sticking to the tray deck and to
enhance fouling resistance
• UFM™ can be combined with upgraded downcomer technology to achieve maximum
tray performance and turndown

Typical Application
UFM™ trays are mainly used in applications requiring both high performances and a wide
operating range, particularly:
• High-pressure columns in gas fields
• Light ends columns in refinery and petrochemical plants.

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 28 of 31
SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Enhanced Deck and Advanced Chordal Downcomer High Performance Trays

Our high performance trays combine special tray decks for superior vapor capacity with
advanced chordal downcomer technology for increased liquid capacity.

VGPlus™ Trays
VGPlus™ trays are Sulzer's high
performance trays with enhanced deck
and improved chordal downcomers.
They offer industry-proven and
Fractionation Research Inc (FRI)
validated advanced tray technology for
today’s market.
Advantages compared to conventional
trays:
• Higher capacity: up to 30%
• Lower pressure drop: up to 20%
• Equal or higher mass transfer
efficiency
• Lower hydraulic gradient
• More uniform liquid flow
• More uniform vapor distribution
• More uniform L/V on tray deck
• Higher fouling resistance

Key Characteristics
Enhanced tray deck design:

• Optimized Mini V-Grid Valve (MVG)


layouts
• Redirecting and froth promoting
devices such as baffle bar and push
valves

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 29 of 31
SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

Improved Downcomer Technologies:

• Truncated
• Highly sloped
• Steparc (Stepped)
• Modarc (Multi-chordal)

One-pass VGPlus with baffle


bars and SteparcTM (stepped-
multi-chordal) downcomer

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 30 of 31
SULZER CONFIDENTIAL
9113876 COL MEXICHEM CL-7G Rev 1

VG AF™ Trays

VG AF™ (Anti Fouling) trays provide superior anti-fouling performance, while delivering
high capacity and efficiency, thus
making these trays ideal for
debottlenecking fouling services.

• Specially designed for fouling


services
• Uses large fixed valves
• Tailored design features on tray deck
reduces stagnation zones
• High performance downcomer
technology enhances liquid
disengagement on the tray deck

2-pass VG AF with push valves

The copyright of all documentation submitted to the client remains with Sulzer Chemtech AG Winterthur, Switzerland.
Documents must not be copied, reproduced or made available to third parties without our written consent.
Page 31 of 31
SULZER CONFIDENTIAL

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