ORDER / INVOICE Terms and Conditions IE-TEC Marketing Limited Messinastrasse 30, P.O.Box 534, FL-9495 Triesen, Liechtenstein Phone: +423 237 46 30 Fax: +423 237 46 31 Email: info@ie-tec.com BUYER DELIVERY INFORMATION H.E.S. Global 4 Preston Drive Alexandra Park Harare Zimbabwe Contact Person: Henry Jenkins +263 77 848 1605 nevaquit@gmail.com Equipment to be Delivered Ex-Works (Incoterms 2000) George, South Africa. QTY UNIT 1 HPC‐15 1 Spares Kit DESCRIPTION HPC‐15 Mobile Gravity Separation Machine. Complete machine with all cables, hoses, sluice mats and riffles (excludes water pump and generator). Full Spare Parts / Maintenance Kit for HPC‐15 machinery. TOTAL (US$) PRICE 38,200.00 38,200.00 1,320.00 1,320.00 TOTAL 39,520.00 Invoice Date: May 17, 2011 ‐ valid for 10 days Dispatch Date: Estimated at 10 days from receipt of executed order and payment (Purchase Order Date) Terms and conditions on the reverse side of this document or attached page apply. 1.) PAYMENT TERMS 33% of Total Due is due on placement of the purchase order and the balance is due on completion of order prior to shipment. All payments are to be made by wire transfer to the bank account of IE-TEC Marketing Limited, details of which are provided in the attached payment instructions page. 2.) INSPECTION: Buyer, or Buyer’s agent shall have the right to inspect the HPC Machinery at the place of manufacture between five (5) and ten (10) days prior to the Delivery Date by giving ten (10) days written notice of it’s intention to do so. In the event of the Buyer identifying any defects or deviations from the Purchase Order in the machinery during such inspection, the Buyer shall provide the Seller with details of such defects or deviations in writing within two (2) days of such inspection. Defects accepted by the Seller shall be remedied prior to Delivery. 3.) DELIVERY: Seller shall make HPC Machinery available to Buyer at the place of delivery set out in the Purchase Order. 4.) TAXES: The purchase price shall be inclusive of all taxes charged in the country of manufacture and delivery. 5.) WARRANTY: HPC Machinery is covered by 12 month warranty against defective merchandise. All warranties given by manufacturers of any mechanical components shall be transferred to Buyer. Replacement parts supplied under warranty are supplied Ex-Works (Incoterms 2000) place of manufacture. Any other IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and excluded from this agreement. 6.) CLAIMS: Any and all claims for defective merchandise must be made in writing within sixty (60) days of delivery of goods. It is expressly agreed that Buyer's sole and exclusive remedy for any claims arising under this agreement against Seller shall be limited to return of the goods and repayment of the purchase price, or to repair, or replacement of the goods at Seller's election. The Seller shall make such election and give effect thereto within sixty (60) days of being advised of any such claim. In respect of all claims for defective merchandise Buyer shall use his best endeavors to remedy such defects in cases where such defects are of a minor nature. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES HOWEVER ARISING, INCLUDING WITHOUT LIMITATION ARISING OUT OF LATE, INCOMPLETE OR DEFECTIVE SHIPMENTS OR DEATH OR INJURY. 7.) QUOTATIONS AND ACCEPTANCES: These terms and conditions shall be binding on the Buyer upon signature and acceptance of the Purchase Order by the Seller. All orders and acceptances thereof are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays. 8.) TITLE: Title shall not pass to Buyer until the entire purchase price is paid. Upon receipt of the full purchase price title shall pass to the Buyer at the Delivery Point stated on the Purchase Order at the time of delivery to Buyer or it’s agent. 9.) WAIVER: Save for the provisions of paragraph six (6) above, Buyer hereby waives, releases and discharges any and all claims of any and every kind (including but not limited to injury or death of any person or damage to property), which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition or defect of goods sold hereunder. 10.) PATENTED TECHNOLOGY: The Buyer acknowledges that the HPC Machinery is protected by international patent laws (Patent Number PCT/IB2004/050386). The Buyer acknowledges and agrees to use all reasonable efforts to protect the rights of the Patent Holder and further agrees to provide notice to the Seller of any infringements of such rights which it may become aware of from time to time. Buyer specifically agrees not to copy or reverse-engineer any HPC Machinery or any component of HPC Machinery or to assist directly or indirectly with any effort to reverse-engineer HPC Machinery in any manner whatsoever. 11.) JURISDICTION OF CONTRACT: This agreement shall be governed by the laws of the State of New York and the Federal laws of the United States and shall be interpreted and administered for all purposes pursuant to such laws and the parties hereby consent to the exclusive jurisdiction of the courts of that State. 12.) ENTIRE AGREEMENT: These terms and conditions, are intended by the Seller and Buyer to be a complete and exclusive statement of the terms of their agreement, and such agreement may not be modified, amended, or waived except in writing, executed after this date hereof, by an authorized officer of Seller. IE-TEC Marketing Limited 2nd Floor, Block B, Medine Mews Chaussee Street, Port Louis, Mauritius Messinastrasse 30, P.O.Box 534, FL-9495 Triesen, Liechtenstein Phone: +423 237 46 30 Fax: +423 237 46 31 Email: info@ie-tec.com Payment and order processing instructions 1. Wire transfer you payment to our bank account – details as follows: Account Name: IE-TEC Marketing Limited Bank: Verwaltungs-Und Privat-Bank Aktiengesellschaft Address: Aeulestrasse 6, FL-9490 Vaduz, Liechtenstein (Postfach 885, FL-9490 Vaduz, Liechtenstein) Liechtenstein SWIFT: VPBVLI2X Account No: 336.052.010 Account Type / Currency: USD IBAN: LI66 0880 5003 3605 2001 0 Please include a comment/remark on the wire transfer with: Company Name + “HPC Invoice” & Invoice Date 2. Email us at info@ie-tec.com to confirm that your wire transfer has been completed (if possible, please attach your bank’s confirmation of the wire transfer to your email as this expedited order processing) 3. On receipt of your payment we will email you your order confirmation 4. Based on the terms of your order, we will then either begin production of your machinery or – if the machine is already in stock – proceed with delivery.