GloMa Energy PLT General Terms and Conditions

The following terms and conditions of sale shall apply to any sale of goods and services by
Gloma Energy PLT (hereinafter called “Gloma Energy”). Purchaser shall be deemed to
have full knowledge of the terms and conditions herein and such terms and conditions
shall be binding if either the goods and services referred to herein are delivered to and
accepted by Purchaser, or if Purchaser does not within five days from the date hereof
deliver to Gloma Energy written objection to said terms and conditions or any part thereof.
1. GENERAL
In the event of any conflict or inconsistency between the terms and conditions of sale
herein and the terms and conditions contained in Purchaser’s order or in any other form
issued by Purchaser, whether or not any such form has been acknowledged or accepted
by Gloma Energy, Gloma Energy’ s terms and conditions herein shall prevail. No waiver,
alteration or modification of these terms and conditions shall be binding upon Gloma
Energy unless made in writing and signed by a duly authorised representative of Gloma
Energy.
2. QUOTATIONS
Unless otherwise stated, Gloma Energy’s quotation shall be null and void unless accepted
by Purchaser within thirty (30) days from the date of quotation.
3. PRICES / COST OF TRANSPORTATION
All quoted prices are based on the current exchange rates, tariffs and costs of
manufacture. Unless otherwise stated in the quotation, quoted prices are subject to
change by Gloma Energy with or without notice until Purchaser’s acceptance. Prices are
subject to correction for error. Unless otherwise stated, all prices are Ex Works factory and
include standard packing. Customary methods of transportation shall be selected by
Gloma Energy and such transportation will be at Purchaser’s expense. Special methods of
transportation will be used upon Purchaser’s request and at Purchaser’s additional
expense provided reasonable notice of Purchaser’s transportation requirements are given
by Purchaser to Gloma Energy prior to shipment. The Purchaser shall bear all additional
freight costs, packing costs in excess of standard packing, public fees (including
withholding taxes) and duties.
4. TAXES
Prices do not include Goods & ServicesTax, Provincial or Municipal sales, use, value-added
or similar tax. Accordingly, in addition to the price specified herein, the amount of
any present or future sales, use, value-added or similar tax applicable to the sale of the
goods hereunder to or the use of such goods by Purchaser shall be paid by Purchaser to
the entire exoneration of Gloma Energy.
5. DELIVERY
Delivery schedules are approximate and are based on prevailing market conditions
applicable respectively at the time of Gloma Energy’s quotation and Gloma Energy’s
acceptance of Purchaser’s order. Delivery shall also depend on the prompt receipt by

Gloma Energy of the necessary information to allow maintenance of the manufacturer’s
engineering and manufacturing schedules. Gloma Energy may extend delivery schedules
or may, at its option, cancel Purchaser’s order in full or in part without liability other than to
return any deposit or prepayment which is unearned by reason of the cancellation.
6. FORCE MAJEURE
Gloma Energy shall not be responsible or liable for any loss or damage incurred by
Purchaser herein resulting from causes beyond the reasonable control of Gloma Energy
including, but without limitation, acts of God, war, invasion, insurrection, riot, the order of
any civil or military authority, fire, flood, weather, acts of the elements, delays in
transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs,
strikes or labour disputes, or the failure of Gloma Energy’s suppliers to meet their delivery
promises.
7. SHIPMENT/DAMAGES OR SHORTAGES IN TRANSPORT/RISK
Except for obligations stated under “Warranty” herein, Gloma Energy’s responsibility for
goods ceases upon delivery to the carrier. Unless otherwise expressly agreed, shipment
shall always be carried out at the Purchaser's risk. The risk shall pass to the Purchaser as
soon as the goods have been handed over to the person executing the shipment. In the
event of loss or damage during shipment, Purchaser’s claim shall be against the carrier
only. Gloma Energy will, however, give Purchaser any reasonable assistance to secure
adjustment of Purchaser’s claim against the carrier provided immediate notice of such
claim is given by Purchaser to Gloma Energy. Claims for shortages must be made in
writing within ten (10) days after receipt of goods by Purchaser. If Gloma Energy does not
receive written notification of such shortages within such ten (10) days, it shall be
conclusively presumed that the goods were delivered in their entirety. Unless agreed upon
otherwise in writing, Gloma Energy reserves the right to make partial shipments and to
submit invoices for partial shipments.
8. TITLE
Title to the goods or any part thereof shall not pass from Gloma Energy to Purchaser until
all payments due hereunder have been duly made in full in cash. Payment shall be
considered to have been made on the day the full payable sum is received by Gloma
Energy.
9. LIABILITY
Gloma Energy shall not be liable for and shall be held harmless by Purchaser from any
damage, losses or claims of whatever kind, contractual or delictual, consequential or
incidental, direct or indirect, arising out of, in connection with or resulting from the sale
governed hereby or the goods, including, but without limitation, the manufacture, repair,
handling, installation, possession, use, operation or dismantling of the goods and any and
all claims, actions, suits, and proceedings which may be instituted in respect to the
foregoing.
10. WARRANTY
Goods sold hereunder are covered by a warranty against defects in material and
workmanship provided the goods and services are subjected to normal use and service.
The applicable warranty period commences from shipping date to Purchaser of any item of
the goods.

All Gloma Energy goods include a 2 years or 3 years or 5 years manufacturer’s warranty
for residential, commercial and industrial use. Purchaser must report any defect in writing
within the warranty period. Warranty coverage is for the original purchaser and
nontransferable. Gloma Energy will replace any goods or part thereof that is proven to be
defective in material or workmanship under normal use during the applicable warranty
period. Warranty replacements will be made without charge for goods or part thereof. Any
goods or part thereof replaced under warranty becomes the property of Gloma Energy and
must be returned to Gloma Energy. All goods or part thereof replaced under warranty will
be considered as part of the original product and warranty on those goods or part thereof
will expire coincident with the original product warranty.
Gloma Energy is responsible for the cost and delivery to the Purchaser of the replacement
of goods or part thereof that is proven to be defective in material or workmanship under
normal use during the applicable warranty period. The Purchaser is fully responsible for
shipping the defective goods or part thereof back to Gloma Energy’s facilities by engaging
their own shipping company. Thus, the Purchaser is responsible for shipping costs which
are associated with returning the defective goods or part thereof.
Exclusions to this Warranty:
This warranty is automatically void with any misuse of the product or any damage due by
accident and/or collision, use in an application for which the product was not designed,
unauthorized service, abuse, neglect, incorporation or use of unsuitable attachments.
Unauthorized alteration, installation or any cause other than defects in material or
workmanship of the product is not covered under the warranty.
Any other expense including consequential damages, incidental damages, or incidental
expenses, including damage to property are not covered under the warranty.
Gloma Energy disclaim any responsibility for the loss of time or use for product,
transportation, commercial loss, or any other incidental or consequential damage. Any
implied warranties are limited to the duration of the written limited warranty.
11. INSTALLATION
Unless otherwise expressly stipulated, the goods shall be installed by and at the risk and
expense of Purchaser. In the event that Gloma Energy is requested to supervise such
installation, Gloma Energy’s responsibility shall be limited to exercising that degree of skill
customary in the trade in supervising installations of the same type. Purchaser shall
remain responsible for all other aspects of the work including compliance with the local
regulations.
12. RETURNED GOODS
Except for obligations stated under “Warranty” herein, no orders may be cancelled and no
goods may be returned to Gloma Energy once the purchase order from the Purchaser has
been accepted and officially confirmed by Gloma Energy.

13. TERMS OF PAYMENT
Unless otherwise stated, payment terms are 60% of the Total Invoice Value by Telegraphic
Transfer in advance upon confirmation of order by the Purchaser. Payment by Telegraphic
Transfer of 40% of the Total Invoice Value become due immediately before shipment
commences.
14. CHANGES AND CANCELLATION
Purchaser’s orders accepted by Gloma Energy are not subject to changes or cancellation
by Purchaser, except with Gloma Energy’s written consent. In such cases where Gloma
Energy authorises changes, Gloma Energy reserves the right to charge Purchaser with
reasonable costs based upon expenses already incurred and commitments made by
Gloma Energy, including, without limitation, any labour done, material purchased and also
including Supplier’s usual overhead and reasonable profit and modification charges from
Gloma Energy’s suppliers.
15. THE AGREEMENT
An acceptance and official confirmation of Purchaser’s order by Gloma Energy shall
constitute the complete agreement, subject to the terms and conditions of sale herein set
forth, and shall supersede all previous quotations, orders or agreements. The law of the
Malaysia shall govern the validity, interpretation and enforcement of these terms and
conditions of sale and of any contract of which these terms and conditions are a part.