Terms & Conditions

TERMS & CONDITONS OF SALE of Environmental Products & Services Ltd., [EPAS) (The Company)

General Commercial Terms

Quotations are valid for 30 days from date of quotation. All our quotations should be regarded as invitations to the potential purchaser to make an offer. They are therefore, not binding upon us in any way, unless there is an express and unambiguous provision to the contrary (in writing) in the quotation itself. The order given to us is regarded as an offer to purchase and is not deemed to form a contract until we have confirmed acceptance (in writing) via an order acknowledgement or a signed contract. The prices quoted by Environmental Products & Services Ltd., will not include fitting or installation charges unless otherwise stated. A schedule of insurances is available on request. Price quoted excludes, Main Contractors Discount, Liquidated and/or Ascertained Damages, Retentions and/or Bonds. These can be provided on agreement of additional costs. If, after contract award and acceptance, the programmed start date is delayed for reasons beyond our control, any increases in materials and/or labour costs as a result of this delay, will be passed on to the purchaser. Upon entering into a Contract with Environmental Products & Services Ltd., it is imperative that program dates agreed are adhered to and that sufficient advance notice is given to Environmental Products & Services Ltd., of any movement in the agreed dates. Environmental Products & Services Ltd., reserves the right to make an additional charge for any requirements made by the Purchaser for adjustment of equipment/requirements after the date of the Company’s Acknowledge of Order.

Site Access and Facilities

If the Company’s quotation has been submitted without the benefit of a site survey, the Company reserves the right to agree with the Purchaser, any additional costs that are involved due to unforeseen or onerous site conditions before proceeding with the installation/servicing order. All necessary works to enable Environmental Products & Services Ltd., to commence installation on site must be completed prior to our arrival on site, the company reserving the right to make an additional charge if the site is not in their opinion properly prepared and extra work is necessary by Environmental Products & Services Ltd. Copies of the instructions for site preparation can be obtained from the Company without charge and such instructions together with instructions for the operation and maintenance of the unit and other equipment shall form the basis of the Agreement in the event of dispute.

Shared welfare, toilet, drying rooms and messing facilities are to be available free of charge for use on site. Water supply is to be made available on site and provided free of charge for all construction purposes. Waste skips (COSHH and General) are to be made available at site for the Company’s use and emptied/replaced when required.

Insurances

Environmental Products & Services Ltd., covers all obligatory insurance requirements.

Purchaser’s Obligations

The Purchaser shall pay all sums falling due in a timely manner and within the agreed terms of payment and shall indemnify the Company in respect all damages or injury occurring to any person, firm, company or property and against all action, suits, claims, demands, charges or expenses in connection therewith for which the Company may become liable in respect of goods under the contract in the event that the damage or injury shall have been occasioned otherwise than by the negligence of the Company.

Intellectual Property

All technical information (including, but not limited to, drawings, plans, blue prints, photographs, models, samples and specifications) and literature prepared by Environmental Products & Services Ltd., and used in any quotation or tender or contract is the property of Environmental Products & Services Ltd., and shall not be reproduced, copied or stored in any information retrieval system or divulged to any third parties without the Company’s consent in writing.

Force Majeure

Environmental Products & Services Ltd., shall not be liable for delay or failure to comply with the terms of any contract owing to force majeure, riots and civil commotion, war, disease, strike, lockout, fire or any other cause whatsoever beyond its control. The Company shall not be liable for any failure in the performance of any of its obligations caused by factors outside of its control.

Delivery

The Company shall be under no liability for not supplying goods ordered if supplies of such goods are not available to the company and will not be liable for any costs that might be incurred through non-availability. Should the goods be damaged or deficient in quantity it is essential that we are notified in writing within 48 hours of receipt, or in the event of non-delivery, within 10 days of the stated date of dispatch. All goods supplied shall be at the purchaser’s sole risk from the time of delivery. When Environmental Products & Services Ltd., undertake transport and delivery, the charges for these shall be paid by the purchaser at the rate in force. The purchaser will be responsible for providing safe, proper, prompt and unhindered access to site to Environmental Products & Services Ltd., at all reasonable times for unloading and shall be liable for any loss or damage, or cost of delay caused by lack thereof. Any dates or times given by Environmental Products & Services Ltd., to the purchaser for delivery of goods, including supplementary or extensions to orders, are estimates only. While Environmental Products & Services Ltd., will always endeavour to meet dates and times

given or specified by either party, no such dates or times shall be binding on Environmental Products & Services Ltd., or form part of the contract.

Warranties & Representations

Unless otherwise specified in writing, the goods supplied by Environmental Products & Services Ltd., are warranted free from defects due to faulty workmanship or materials, in the case of goods manufactured by Environmental Products & Services Ltd., for a period of 12 calendar months from the date to handover to the Purchaser, and in all other cases, for the period of warranty given to Environmental Products & Services Ltd., by the manufacturer.

The employees or agents of Environmental Products & Services Ltd., are not authorised to make any representations or warranties concerning the goods unless confirmed by Environmental Products & Services Ltd., in writing. In entering into the Contract the purchaser acknowledges that he or they do not rely on and waive(s) any claim for breach of, any such representation or warranty which is not so confirmed.

Return Of Goods

Environmental Products & Services Ltd., shall not be obliged to accept normal stock goods returned for credit, but may at its absolute discretion do so. All such goods returned for credit must be accompanied by evidence of original purchase from Environmental Products & Services Ltd., and Environmental Products & Services Ltd., shall be entitled at its absolute discretion to impose a handling and/or damage charge in respect of any goods accepted for return. Goods which are nonstock items and goods which have been specially ordered will not normally be accepted by way of return for credit. And goods which are returned for credit shall not be regarded as having been accepted by Environmental Products & Services Ltd., until Environmental Products & Services Ltd., has issued a formal credit note through the channels laid down for such transactions in the Company in writing in respect thereof. The uplifting of goods by Environmental Products & Services Ltd., or by couriers, for which credit is sought and for which the lorry driver may issue a receipt note is not an acceptance by the Company of its liability for credit.

Retention of Title:

A retention of title clause under the laws of the Company’s country, whereby the title to the goods (the subject of the contract), and all other goods (the subject of any other contract between the Company and the Purchaser), which have been delivered to the Purchaser but not paid for (at the due date of payment of the full price of the goods), shall not pass to the purchaser until the goods have been paid for in full. Until the property therein has passed to the purchaser, Environmental Products & Services Ltd., shall be entitled upon demand to enter the premises of the purchaser and to recover

possession of any goods supplied and the purchaser in accepting these Conditions irrevocably grants a licence to Environmental Products & Services Ltd., to enter the purchaser’s premises for that purpose. Until the property therein has passed to the purchaser any goods supplied by Environmental Products & Services Ltd., shall be held by the purchaser as bailee and agent for Environmental Products & Services Ltd., and any re-sale effected by the purchaser, whether in the name of the purchaser or otherwise, shall be made by the purchaser as agent for Environmental Products & Services Ltd., Until title passes the Purchaser shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company. The Company may maintain an action for the price of any goods notwithstanding that title in them has not passed to the Purchaser.

Terms of payment:

Unapproved Accounts: 100% payment required with purchase order.

Approved Accounts: Account opening form required to be completed and signed and returned to Environmental Products & Services Ltd accounts department. A credit check will be carried on details provided. Environmental Products & Services Ltd will then issue credit terms to be adhered to. Failure to meet credit terms will result on all credit facilities being removed.

Interest On Overdue Accounts

Interest and compensation for debt recovery costs will be charged on overdue invoices using the entitlements provided by The Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2002 in the U.K. and Northern Ireland and by the Prompt Payment of Accounts Act 1997, in Ireland.

The Company may at its discretion suspend or terminate the supply of any goods or services if the Purchaser fails to make any payment when and as due or otherwise defaults in any of its obligations under the contract or any other document with the company or becomes insolvent, has an administrative receiver appointed to its business or is compulsorily or voluntarily wound up or ceases or threatens to cease trading or the Company acting in good faith, reasonably believes that any of these events may occur, and in case of termination may cause any deposit paid to be forfeited.

Limitation of Liability:

The Company shall have no liability for indirect or consequential loss, damage, injury or expense in contract, tort, willful default or otherwise, howsoever arising out of, or connected with the transaction with the Purchaser or the use or misuse by the Purchaser or any other person of goods or services supplied hereunder. Furthermore, the Company shall have no liability for loss, damage, injury or expense or for any

accident resulting from defective materials or faulty workmanship in goods or services supplied hereunder, its liability being strictly limited to its warranty obligations hereunder.In no circumstances shall the liability of the Company to the Purchaser under this condition exceed the invoice value of the goods or services.

Assignability

The contract of which these conditions form part is personal to Purchaser and the Purchaser shall not assign the benefit thereof without the Company’s prior written consent.

Copyright and Trademarks

No representation, warranty or indemnity is given by the Company, that the goods do not infringe any copyright, trademarks, registered designs or other proprietary rights.

Applicable Law

These conditions and the contract between the parties shall be construed and applied in accordance with the law of Northern Ireland and the Northern Irish Courts shall have jurisdiction in any dispute relating thereto. If any provision of these conditions of sale shall be determined by a Court of competent jurisdiction to be void or unenforceable the other conditions shall remain unaffected and enforceable.