TERMS AND CONDITIONS

( This issue supersedes all terms and conditions related, implied and furnished before 1st.January,1993)

General

1.The terms and conditions herein shall apply to the contract and no Terms and Conditions by the customer or any variation shall have effect unless agreed in writing by Ekspan Limited.

2.Ekspan Ltd price lists, advertising matter, and verbal estimates shall not form any part of any contract between the customer and Ekspan

3.Ekspan Ltd. reserves the right to vary it's prices without notice where fixed prices are not formally agreed in writing by Ekspan

4.Unless superseded by written agreement ,the following rates will be linked to the Federation of Construction Engineers External to Contract rates as follows: day works labour plus one hundred and seventy five percent, materials plus twelve point five percent and hire at net; levied at the rate ruling upon completion of the work.

Definitions in Law.

i. The complete contract is the document or documents that sets out the terms and conditions and all other details relevant to a particular transaction and hereinafter referred to as 'The Contract'

ii The goods sold to the buyer (see iii) shall hereinafter be referred to as The Goods or Goods and Services or Services.

iii. The person, Company, Corporation or public authority shown overleaf and also described below as the 'Customer' is the buyer.

iv. The parties to the Contract are the seller and the Buyer

v. The seller is Ekspan Ltd. or any agent nominated by written authority from Ekspan Ltd.

When the Contract comes in to being. The Contract shall come into being between the buyer and the seller when the buyer has placed an order detailing his requirements and agreeing to be bound by these conditions and the seller has accepted the order.

vi. Reasonable skill and care is undertaken in the design and all associated works for Ekspan products and services.

Handover of goods and/or services. The buyer agrees that unless qualified in writing, goods and/or services signed for by him or his nominated agent detailed within day sheets, hire sheets, timesheets and delivery notes will be deemed certified complete and satisfactory by this formal receipt and shortages or defects should be reported after inspection and preceding the signing. This does not affect the buyer's statutory rights.

Rights reserved Any failure by the seller to enforce any or all of these conditions shall not be construed as a waiver of any of the sellers rights hereunder.

Separate term validity Should any term in this contract be held invalid , such invalidation shall not affect the validity of the remaining terms

Terms of contract: These terms have effect in substitution for and to the exclusion of any conditions put forward by the buyer

Quotations 1 No quotation from Ekspan shall constitute an offer and all quotations may be withdrawn without notice at any time.

Commencement, Exploratory & Emergency Work 1. The commencement of work by Ekspan or any sub contractor shall not constitute a contract nor commitment to proceed or complete the work begun unless a formal agreement is made in writing by Ekspan. The cost of any such work shall be charged according to the General terms clause 4 above

Notice of Cessation: Should the buyer wish to cease operations, seven days advance notice must be given otherwise 40 hours standing time at current FCEC rates will be charged for each operative working at the time of cessation.

Specifications 1. Specifications quoted by Ekspan are to be treated as approximate only. Ekspan reserves the right to amend without notice at any time the specifications materials and processes of manufacture or work.

Grouts 1.Grout specifications must be agreed in writing.

2.Grouts and grout installation will be charged extra unless agreed in writing.

3. Where grouts and installation are agreed the maximum inclusive grout volume supplied will be at a thickness of 20mm to upper and lower contact faces.The contact face is defined by: that area which in the absence of grout would be in load bearing contact with associate structures. Grout in excess of these volumes will be charged at cost plus 12.5 % with labour charged at FCE dayworks as General, Clause 4.Any instruction from the customer to grout, automatically constitutes agreement to pay for any extra material and labour necessary in the process in accordance with these terms. Test cubes grout will be supplied inclusive except where volumes are in excess of the 20,20 mm term above.

3.It is the customer's responsibility to verify extra grouting charged by Ekspan within 14 days of invoice, or by prior agreement, otherwise such charges will be deemed accepted by the customer and be paid for under the terms of payment set out below.

Hires Hires will be made according to the Hire Association of Europe General Terms and Conditions for Hiring of Equipment 1988 revision

Liability 1.The liability of goods or services provided by Ekspan Ltd. or any sub contractor passes to the customer at the moment of receipt.

2.Ekspan Ltd. cannot be held responsible for any defective part or manufacturers defects.

3.Ekspan Ltd. or it' agents liability arising from an act or default (negligence or otherwise) shall not exceed half the value of goods supplied or work completed and unpaid at the time of incident.

4. The customer shall indemnify Ekspan Ltd. against all operational risks unless otherwise agreed in writing.

Completion: Any work and associate supplies is agreed complete and satisfactory by the buyer after 28 days from the cessation of Ekspan's operations unless complaint is made in writing and acknowledged within this period. A signed completion certificate supersedes this term. This does not affect the buyer's statutory rights.

Extension of Ownership: Ownership of the good an or services provided by Ekspan or it's agents shall pass to the customer upon payment and Ekspan reserves the right to persue payment or recover goods failing payment as in the payment clause below. Ekspan Ltd. sells on condition that the Company has the right to enter the buyer's premises or site and remove goods which are owned by the Company where title has not transferred through payment or written agreement. Goods received by the customer are held at his risk . Loss or damage becomes the liability of the customer on acceptance of delivery.

Claims 1 Any complaint or claim regarding goods or services must be made to Ekspan in writing within seven days of the date of invoice date.

2.If the customer fails to give such notice, the goods or services shall be deemed to have been duly performed and accepted in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly.

3 Complaints by the customer in respect of goods and services alleged defective, shall not be grounds for the customer to withhold payment of accounts due to Ekspan Ltd. by the customer, nor shall give any right to offset against payment due from the customer to Ekspan Ltd..

Payment 1.Payment to Ekspan Ltd. shall be made in accordance with the quotation or, if not stated, then within 30 days from the date of the relevant invoice.

2.Ekspan Ltd. prices are strictly net unless otherwise agreed in writing. Agreed commissions will only be paid on receipt of full payment from our Client at the successful completion of works and to formal contract.

3.This clause constitutes part of Ekspan Ltd.'s standard terms and NCMA normal credit monthly account and should be interpreted fullyforth therein. This clause supersedes any other relating to settlement and is effective from the first of January ,nineteen ninety three.

Monies outstanding beyond our standard (NCMA) terms due thirty days from invoice date

Any account outstanding beyond the period permitted for payment will automatically be considered for recovery by Ekspan Ltd and all costs incurred facilitating this recovery including administration, legal costs and expenses will become chargeable to the customer in default together with interest on the outstanding amount and accumulating costs levied at five percent above the National Westminster Bank PLC base rate calculated on a day to day basis without prejudice to any other rights or remedies of the seller. In default of payment for any part of the supply of goods and /or services under the standard terms here or terms agreed in writing, Ekspan Ltd. reserves the right to discontinue the provision of further goods and/or services in the event of default and without notice and such default will automatically release Ekspan Ltd.'s from it's contract with the customer without prejudice to the contractual obligations of the customer to Ekspan Ltd.

Law and Jurisdiction The contract shall be governed in accordance with the English Law and courts of England shall have jurisdiction to hear all disputes arising in connection with the contract.

Headings The headings on these conditions are for convenience only and shall have no effect on the interpretation thereof.