12-Previous Project Approvals (Only One Sent As An Example For File)
12-Previous Project Approvals (Only One Sent As An Example For File)
The Vendor:
Buyer:
BAOSHENG SCIENCE&TECHNOLOGY Name: Brijesh Brijesh
INNOVATION CO.,LTD Tel: +91(265)6114727
NO.1 OF MIDDLE SU ZHONG ROAD Fax:
225800 YANGZHOU Email: [email protected]
CHINA
Contact: Delivery Address:
Will Advise
NETHERLANDS
Attention: Job Site
Unload point: Job Site
Vendor Id: 10147307 Tel: 514 88248883 Fax: 514 88248888
i. For technical matters - Mr. Rajesh Koli; email [email protected] & Snehal Garaye email: GAR
[email protected]
ii. For Commercial matters- Mr. Brijesh Brijesh email: [email protected]
iii. For documents/VDR related matters - group email: [email protected]
iv. For Expediting- group email: [email protected], CC : Ashish Adenkiwar, ADENKIA@airprodu
cts.com
v. For Source Inspection, Inspection notifications - group email: [email protected], cc: 213385ex@air
products.com, Ankit
Desai, [email protected]
vi. For Logistics matters Mr. Vishal Trivedi; email-id: [email protected]
_________________________________________________________________________________________
00010 June 05, 2024
LV Cable per 1 AU
Tracking number: D583501000
Eng Req: 1661.ELE.231
ECEC1C01070 - 1C x 70sqmm, Stranded Copper Cores, XLPE insulated, aluminium wire armoured, PVC sheathed, single c
ore, 600V/1000V
grade cable to IEC 60502/BS5467 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00020 June 05, 2024
LV Cable per 1 AU
Tracking number: D583502000
Eng Req: 1661.ELE.231
ECEC1D03002 - 3C x 2.5sqmm, Stranded Copper Cores, XLPE insulated, steel wire armoured, PVC sheathed, multicore, 60
0V/1000V grade
cable to IEC 60502/BS5467 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00030 June 05, 2024
LV Cable per 1 AU
Tracking number: D583503000
Eng Req: 1661.ELE.231
ECEC1D07002 - 7C x 2.5sqmm, Stranded Copper Cores, XLPE insulated, steel wire armoured, PVC sheathed, multicore, 60
0V/1000V grade
cable to IEC 60502/BS5467 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00040 June 05, 2024
LV Cable per 1 AU
Tracking number: D583504000
Eng Req: 1661.ELE.231
ECEC1D19002 - 19C x 2.5sqmm, Stranded Copper Cores, XLPE insulated, steel wire armoured, PVC sheathed, multicore, 6
00V/1000V grade
cable to IEC 60502/BS5467 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 4 of 12
EORI: NL806423638
_________________________________________________________________________________________
00050 June 05, 2024
FO Cable per 1 AU
Tracking number: D583505000
Eng Req: 1661.ELE.231
F124SA - 24C SM Fiber Optic (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00060 June 05, 2024
FOB SHANGHAI PORT per 1 AU
Eng Req: 1661.ELE.231
FOB SHANGHAI PORT - FOB SHANGHAI PORT
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
Total net value excl. VAT USD 43,817.58
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 5 of 12
EORI: NL806423638
This order shall then be formally acknowledged within 1 week of the date of the purchase order by email to the expediting
department at the Air Products Expediting mailbox (see paragraph 4/) Any failure to do so will result in any monies due on this
being withheld.
You should state the following when making your order acknowledgement:
"We hereby acknowledge receipt and unqualified acceptance of Air Products Purchase Order
No:...................date.................... We confirm that we have carried out a detailed contract review and are proceeding
with all specifications and all terms and conditions referenced therein".
17/ Force Majeure
17.1 Neither Buyer nor Seller shall be liable to the other for failure to perform or for delay in performance due to any Force
Majeure events.
17.2 Force Majeure shall mean any event or circumstance or combination of events and\/or circumstances listed in the next
sentence to the extent such is beyond the control of the asserting party and materially and adversely affects the performance by
the asserting party of its obligations (other than payment obligations) under or pursuant to the Purchase Order and which the
asserting party could not have prevented or overcome, in whole or in part through the exercise of due diligence or reasonable
operating practices standard within the industry.
17.3 Force Majeure shall be limited to the events and circumstances in the following list:
(a) floods, earthquakes, tidal wave, hurricane, or fire;
(b) a disaster resulting in an Emergency Declaration or a Major Disaster Declaration by the President of the United States pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Disaster);
(c) war, blockade, embargo, pandemic, epidemic, act or threats of terrorism, sabotage, acts of any government instrumentality,
riots, or other import or export restrictions; or
(d) radioactive contamination
17.4 Notwithstanding the preceding, Force Majeure events shall not include any circumstances or event to the extent that:
(i) such were caused or provoked by the asserting party (or any personnel of the asserting party or its
Sub suppliers or subcontractors;
(ii) such result from a disaster or weather condition not expressly enumerated above;
(iii) such occurred outside the local area;
(iv) strikes, lockouts, work stoppages, walkouts, labour or employment disputes or difficulties or other concerted acts of workmen,
whether direct or indirect among Sellers personnel, or those of any of its
Sub suppliers or subcontractors;
(v) changes in market conditions or changes in the financial condition of Seller or any sub supplier or subcontractor; or failure
of the Seller or its sub supplier or subcontractor to obtain any permit for which it is responsible.
17.5 In the event of delay in performance due to any such cause, the date of delivery or time for completion may be extended by a
period of time reasonably necessary to overcome the effect of such delay up to a maximum of the number of calendar days delay
directly attributable to the Force Majeure event.
17.6 The party claiming a Force Majeure event shall give written notification to the other party within forty-eight (48) hours
after becoming aware of a cause entitling it to an extension of time.
17.7 If within three (3) days after a Force Majeure occurrence which has caused Seller to suspend or delay performance of the
Order, Seller has failed to take such action as Seller could lawfully initiate to remove or relieve the Force Majeure occurrence or
its direct or indirect effects, Buyer may, at its sole discretion and after written notice to Seller, initiate such measures,
including the hiring of third parties, as are designed to remove or relieve such Force Majeure occurrence, its direct or indirect
effects; and Buyer may thereafter require Seller to resume full or partial performance with respect to the manufacture or delivery
of the Order. Alternatively, Buyer, in its sole discretion, may decide to terminate this Purchase Order in accordance with Article
16 of the Terms and Conditions of Purchase.
17.8 Seller shall at all times use all reasonable endeavours to minimize any delay in the performance of this Purchase Order as a
result of Force Majeure.
17.9 Any Force Majeure delay as defined herein shall be considered an excusable delay, and neither party shall be entitled to
compensation, beyond the provisions of the Purchase Order, as a result thereof.
18/ Remedy and power penalty
Not Used.
19/ Put right
Not Used.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 11 of 12
EORI: NL806423638
20/ Storage
Buyer may instruct Seller to place the Equipment and Materials into storage at the Sellers Works or at another suitable place
acceptable to Buyer and Seller. Such storage shall be carried out in
accordance with the provisions of the Order and shall include all necessary supervision, inspection and preservation measures to
maintain Sellers guarantees and warranties. For the provision of such storage Buyer shall pay Seller as follows:
Free Storage Period: 30 days
Rate for further storage of Equipment and Materials (after Free Storage Period): TBC, if applicable.
Storage costs shall be invoiced by Seller on fifth calendar day of each calendar months of storage and shall be paid by Buyer in
accordance with the payment terms of the Order. Buyer shall not recognize and accept any storage costs for Equipment and Materials
prior to the delivery date of Equipment and Materials, unless such storage costs are occurring as a result of (i) suspension of
Order by Buyer in accordance with the provisions of Terms and Conditions of Purchase Article 17.
Storage rate(s) specified herein include(s) transportation of Equipment and Materials to a storage location, cost of storage,
maintenance and preservation according to procedures agreed upon between Buyer and Seller, insurance of Equipment and Materials
for
the period of storage by Seller. Storage rates are excluding sales tax (e.g., VAT, GST, etc.).
In the event that Buyer instructs Seller to store Equipment and Materials prior to contractual delivery point in accordance with
the delivery terms of the Order, Seller shall be entitled to submit its invoice for the delivery of Equipment and Materials against
receipt by Buyer of Certificate of Ownership for stored Equipment and Materials.
Risk of loss and damage of Equipment and Materials during storage shall remain with Seller until actual delivery of stored
Equipment and Materials to Buyer. Seller shall make good any deterioration or damage that may be incurred by Equipment and
Materials during storage. Any deterioration or damage due to Sellers default in packing, maintenance and preservation shall be
made good by Seller at Sellers own costs.
Should Buyer store the Equipment and Materials at Buyers premises prior to commissioning, Buyer shall have the option to instruct
Seller to inspect the Equipment and Materials prior to commissioning to ensure that no deterioration or damage has been incurred by
Equipment and Materials during such storage. The direct and documented costs of Sellers and\/or its Subcontractors visit(s)
associated with such inspection shall be to Buyer's account.
21/ Liability
Article 14.3 of the Terms and Conditions of Order shall be deleted in its entirety and shall not apply to the Order.
Article 14.4 of the Terms and Conditions of Order shall be added as follows:
Limitations on and exclusions of liability in this Order shall not apply for the benefit of any party if and to the extent that
such party caused (or contributed to) any claim, loss or liability by its own gross negligence, willful misconduct or fraud.
Neither party to the Order shall be liable to the other and each party to the Order shall release, indemnify, defend, and hold
harmless the other party from any consequential loss, however the liability arises and whether pursuant to this Order, tort
(including negligence and strict liability) breach of contract, breach of Warranty, or any other legal fault or otherwise at law
Article 14.5 of the Terms and Conditions of Order shall be added as follows:
The following shall not be deemed to be Consequential Loss for purposes of this Order:
(a) any liquidated damages or sums specifically set forth in and payable under the Order; or
(b) liabilities incurred under Articles 6 (Delivery and Excusable Delays), 7 (Liquidated Damages), 10 (Expediting, Inspection and
Testing), 12 (Property and Risk), 13 (Warranty), 14 (Indemnity), 20 (Compliance with Anti-Corruption Laws) and 21 (Compliance wi
th
Laws).
Article 14.6 of the Terms and Conditions of Order shall be added as follows:
Notwithstanding any other provision to the contrary in the Order, the total liability of Seller to Buyer under or in connection
with the Order, other than in respect of:
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 12 of 12
EORI: NL806423638
The Vendor:
Buyer:
BAOSHENG SCIENCE&TECHNOLOGY Name: Brijesh Brijesh
INNOVATION CO.,LTD Tel: +91(265)6114727
NO.1 OF MIDDLE SU ZHONG ROAD Fax:
225800 YANGZHOU Email: [email protected]
CHINA
Contact: Delivery Address:
Will Advise
NETHERLANDS
Attention: Job Site
Unload point: Job Site
Vendor Id: 10147307 Tel: 514 88248883 Fax: 514 88248888
This order shall then be formally acknowledged within 1 week of the date of the purchase order by email to the expediting
department at the Air Products Expediting mailbox (see paragraph 4/) Any failure to do so will result in any monies due on this
being withheld.
You should state the following when making your order acknowledgement:
"We hereby acknowledge receipt and unqualified acceptance of Air Products Purchase Order
No:...................date.................... We confirm that we have carried out a detailed contract review and are proceeding
with all specifications and all terms and conditions referenced therein"
17/ Force Majeure
17.1 Neither Buyer nor Seller shall be liable to the other for failure to perform or for delay in performance due to any Force
Majeure events.
17.2 Force Majeure shall mean any event or circumstance or combination of events and\/or circumstances listed in the next
sentence to the extent such is beyond the control of the asserting party and materially and adversely affects the performance by
the asserting party of its obligations (other than payment obligations) under or pursuant to the Purchase Order and which the
asserting party could not have prevented or overcome, in whole or in part through the exercise of due diligence or reasonable
operating practices standard within the industry.
17.3 Force Majeure shall be limited to the events and circumstances in the following list:
(a) floods, earthquakes, tidal wave, hurricane, or fire;
(b) a disaster resulting in an Emergency Declaration or a Major Disaster Declaration by the President of the United States pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Disaster);
(c) war, blockade, embargo, pandemic, epidemic, act or threats of terrorism, sabotage, acts of any government instrumentality,
riots, or other import or export restrictions; or
(d) radioactive contamination
17.4 Notwithstanding the preceding, Force Majeure events shall not include any circumstances or event to the extent that:
(i) such were caused or provoked by the asserting party (or any personnel of the asserting party or its
Sub suppliers or subcontractors;
(ii) such result from a disaster or weather condition not expressly enumerated above;
(iii) such occurred outside the local area;
(iv) strikes, lockouts, work stoppages, walkouts, labour or employment disputes or difficulties or other concerted acts of workmen,
whether direct or indirect among Sellers personnel, or those of any of its
Sub suppliers or subcontractors;
(v) changes in market conditions or changes in the financial condition of Seller or any sub supplier or subcontractor; or failure
of the Seller or its sub supplier or subcontractor to obtain any permit for which it is responsible.
17.5 In the event of delay in performance due to any such cause, the date of delivery or time for completion may be extended by a
period of time reasonably necessary to overcome the effect of such delay up to a maximum of the number of calendar days delay
directly attributable to the Force Majeure event.
17.6 The party claiming a Force Majeure event shall give written notification to the other party within forty-eight (48) hours
after becoming aware of a cause entitling it to an extension of time.
17.7 If within three (3) days after a Force Majeure occurrence which has caused Seller to suspend or delay performance of the
Order, Seller has failed to take such action as Seller could lawfully initiate to remove or relieve the Force Majeure occurrence or
its direct or indirect effects, Buyer may, at its sole discretion and after written notice to Seller, initiate such measures,
including the hiring of third parties, as are designed to remove or relieve such Force Majeure occurrence, its direct or indirect
effects; and Buyer may thereafter require Seller to resume full or partial performance with respect to the manufacture or delivery
of the Order. Alternatively, Buyer, in its sole discretion, may decide to terminate this Purchase Order in accordance with Article
16 of the Terms and Conditions of Purchase.
17.8 Seller shall at all times use all reasonable endeavours to minimize any delay in the performance of this Purchase Order as a
result of Force Majeure.
17.9 Any Force Majeure delay as defined herein shall be considered an excusable delay, and neither party shall be entitled to
compensation, beyond the provisions of the Purchase Order, as a result thereof.
18/ Remedy and power penalty
Not Used.
19/ Put right
Not Used.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 11 of 12
EORI: NL806423638
20/ Storage
Buyer may instruct Seller to place the Equipment and Materials into storage at the Sellers Works or at another suitable place
acceptable to Buyer and Seller. Such storage shall be carried out in
accordance with the provisions of the Order and shall include all necessary supervision, inspection and preservation measures to
maintain Sellers guarantees and warranties. For the provision of such storage Buyer shall pay Seller as follows:
Free Storage Period: 30 days
Rate for further storage of Equipment and Materials (after Free Storage Period): TBC, if applicable.
Storage costs shall be invoiced by Seller on fifth calendar day of each calendar months of storage and shall be paid by Buyer in
accordance with the payment terms of the Order. Buyer shall not recognize and accept any storage costs for Equipment and Materials
prior to the delivery date of Equipment and Materials, unless such storage costs are occurring as a result of (i) suspension of
Order by Buyer in accordance with the provisions of Terms and Conditions of Purchase Article 17.
Storage rate(s) specified herein include(s) transportation of Equipment and Materials to a storage location, cost of storage,
maintenance and preservation according to procedures agreed upon between Buyer and Seller, insurance of Equipment and Materials
for
the period of storage by Seller. Storage rates are excluding sales tax (e.g., VAT, GST, etc.).
In the event that Buyer instructs Seller to store Equipment and Materials prior to contractual delivery point in accordance with
the delivery terms of the Order, Seller shall be entitled to submit its invoice for the delivery of Equipment and Materials against
receipt by Buyer of Certificate of Ownership for stored Equipment and Materials.
Risk of loss and damage of Equipment and Materials during storage shall remain with Seller until actual delivery of stored
Equipment and Materials to Buyer. Seller shall make good any deterioration or damage that may be incurred by Equipment and
Materials during storage. Any deterioration or damage due to Sellers default in packing, maintenance and preservation shall be
made good by Seller at Sellers own costs.
Should Buyer store the Equipment and Materials at Buyers premises prior to commissioning, Buyer shall have the option to instruct
Seller to inspect the Equipment and Materials prior to commissioning to ensure that no deterioration or damage has been incurred by
Equipment and Materials during such storage. The direct and documented costs of Sellers and\/or its Subcontractors visit(s)
associated with such inspection shall be to Buyer's account.
21/ Liability
Article 14.3 of the Terms and Conditions of Order shall be deleted in its entirety and shall not apply to the Order.
Article 14.4 of the Terms and Conditions of Order shall be added as follows:
Limitations on and exclusions of liability in this Order shall not apply for the benefit of any party if and to the extent that
such party caused (or contributed to) any claim, loss or liability by its own gross negligence, willful misconduct or fraud.
Neither party to the Order shall be liable to the other and each party to the Order shall release, indemnify, defend, and hold
harmless the other party from any consequential loss, however the liability arises and whether pursuant to this Order, tort
(including negligence and strict liability) breach of contract, breach of Warranty, or any other legal fault or otherwise at law
Article 14.5 of the Terms and Conditions of Order shall be added as follows:
The following shall not be deemed to be Consequential Loss for purposes of this Order:
(a) any liquidated damages or sums specifically set forth in and payable under the Order; or
(b) liabilities incurred under Articles 6 (Delivery and Excusable Delays), 7 (Liquidated Damages), 10 (Expediting, Inspection and
Testing), 12 (Property and Risk), 13 (Warranty), 14 (Indemnity), 20 (Compliance with Anti-Corruption Laws) and 21 (Compliance wi
th
Laws).
Article 14.6 of the Terms and Conditions of Order shall be added as follows:
Notwithstanding any other provision to the contrary in the Order, the total liability of Seller to Buyer under or in connection
with the Order, other than in respect of:
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 12 of 12
EORI: NL806423638