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12-Previous Project Approvals (Only One Sent As An Example For File)

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0% found this document useful (0 votes)
89 views24 pages

12-Previous Project Approvals (Only One Sent As An Example For File)

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Uploaded by

saffettekgoz82
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 24

The Purchaser:

Air Products Nederland BV Purchase Order No: SM00012635


Boyneweg 10
3197 LK Botlek Rotterdam, Page 1 of 12
Netherlands
Issue Date: April 22, 2024
VAT-IDNo.: NL806423638B01
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

Payment Terms: Invoice Address:


[email protected]
Net 45 days date of invoice
Air Products Nederland B.V.
p.a.Leonardo Da Vincilaan 19C Bus 4
B-1831 Diegem, Belgium BE
Att: Accounts Payable
VAT-IDNO: NL806423638B01
Delivery Terms:
FOB Shanghai Port
Purchaser’s (latest version) of general terms and conditions, of the ordering-entity, apply to this assignment (Available at our website
https://www.airproducts.com/company/suppliers/general-conditions-of-purchase), unless other terms and conditions are referred to in this Purchase Order. Please note
that the Purchaser will not accept any general terms and conditions different from the ones stated in this Purchase Order. This order has been electronically authorized
by the Purchaser and is valid without the Purchaser's signature.

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Project Number: EN21-3385


Project: Botlek Hyco5
Country of installation: The Netherlands
Scope of Supply: Including, but not limited to design, engineering, manufacturing, assembly, inspection, testin
g, preparation for
shipment of 1661.ELE.231 LV CABLES.
This Purchase Order (hereinafter referred to as Order) is issued for account of Air Products Nederland B.V. for t
he supply of
Materials and Services as detailed herein for the Botlek HyCO5 project.
The Order is concluded between Baosheng Science and Technology Innovation Co., Ltd. (hereinafter referred t
o as Seller) and Air
Products Nederland B.V. (hereinafter referred to as Buyer).
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 2 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Purchase Order date: 22-Apr-2024.


Pricing (inclusive seaworthy packing) is in accordance with Sellers Proposal Ref BRJI-Botlek-20240412-
BS\/AP-rev.01 dated 13 April
2024 and final price confirmation through email dated 17 April 2024.
In case additional cable / quantities are required within 15days of the issuance of the purchase order, then price
variation
formula shall be used.
Tolerance on quantities shall be: -0%, +5%.
Terms and Conditions of Purchase
The terms and conditions shall apply in accordance with the following order of precedence:
1) Air Products Purchase Order
2) Purchase Order Special Notes
3) AGREED AP GLOBAL TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIAL PURCHASE
S - APCI and Baosheng Science and Technology Innovation
Co., Ltd. dd. 13-Dec-2021, hereinafter referred to as Terms and Conditions of Order
4) Sellers Proposal Ref BRJI-Botlek-20240412-BS\/AP-rev.01 dated 13 April 2024 and final price confirmation
through email dated 17
April 2024.
Attachments to Purchase Order
The following documents listed below and all drawings, Standards and specifications enumerated therein, form
an integral part of
this Purchase Order:
1. Attachment 01: Purchase Order Special Notes dd. 22-April-2023
2. Attachment 02: Purchase Order Acknowledgment
3. Attachment 03: AGREED AP GLOBAL TERMS AND CONDITIONS FOR EQUIPMENT AND MATERI
AL PURCHASES - APCI and Baosheng Science and
Technology Innovation Co., Ltd. dd. 13-Dec-2021
4. Attachment 04: Not Used
5. Attachment 05: Shipment and Packing Specification for Equipment and Materials being Exported
Directly by Vendors, 4WGN-10001 rev 6
6. Attachment 06: Supplier Shipping & Packing Requirements, SPEC-PROCURE-0001 Rev. 0
7. Attachment 07: Certificate of Ownership
8. Attachment 08: Not applicable
9. Attachment 09: Bank Guarantee for Performance, Warranty and Guarantee Obligations
10. Attachment 10: Supplier Monthly Progress Report
11. Attachment 11: Inspection Notification Template
12. Attachment 12: EN213385-PEM-MP6-00007_Vendor Documentation Management Procedure
for Hyco5 Project_00
13. Technical Requisition 1661.ELE.231
Below communication protocol shall be observed:
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 3 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

_________________________________________________________________________________________
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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Attachment 01: Purchase Order special notes


Delivery:
Seller shall deliver the equipment and materials on or before 05-June-2024 (1Week for Data Sheet Submission by Seller, 1 Week for
data sheet approval from Buyer, and 30days for manufacturing activities).
Seller shall deliver all equipment and materials on the basis of FOB Shanghai Port, INCO terms 2020.
Seller shall confirm delivery dates upon Order acknowledgment.
Purchase Order Specific Terms & Conditions:
0/ Definitions
Any references to Supplier shall be understood to mean Seller. Any references to Purchaser and Air Products shall be
understood to mean Buyer.
1/ Document submission schedule
Seller shall submit its documentation in accordance with the Vendor Documentation Registers included with this Order.
2/ Payment schedule
Net within 45 days after receipt and final approval of Sellers invoice(s) as follows:
Payment: 100% of the Order value shall be payable upon Shipment of Equipment for dispatch as per agreed delivery INCOTERMS of
the
Order, agreed documentation as per the VDR including final documentation / vendor data book (pro-rata basis) and submission of
Performance Bank Guarantee of equivalent value valid throughout the warranty period plus two (2) months.
3/ Liquidated damages
Liquidated damages for late delivery of Equipment and materials shall be in accordance with Article 7.1 and Article 7.2 of Terms
and Conditions of Order.
If the Seller changes key dimensions or key termination points on drawings, then the Buyer, having to rework the design, will be
entitled to liquidated damages at the rate of 2.5% of the total Purchase Order but not less than 1000 GBP value per detail change.
4/ Expediting and progress reporting
The Order shall be subject to expediting by Buyer and its clients. Buyer and/or its clients shall have the right to attend Seller's
premises or the premises of Seller's subcontractors at all reasonable times for the purpose of verifying order progress. A
manufacturing schedule shall be submitted to the Buyers Expeditor. Milestone dates shall be shown on the Sellers manufacturing
schedule. A fortnight-based progress report shall be provided by the Seller, which shall include as a minimum: key activities
achieved, any shortfalls in progress against manufacturing schedule, and recovery plans. All reports shall be submitted
electronically. In case of reporting, templates, reports and schedule needs to be agreed by the Buyers Expeditor and Lead
All communication shall be submitted to the Air Products Expediting Mailbox in accordance with the communication protocol herein.
Buyer may request regular status meetings to discuss progress on the Order and escalate issues as required.
4.1 Delivery Delays
- In the event of a possible delay in delivery. Seller shall immediately inform Buyers Expeditor and shall undertake all necessary
measures in order to minimize the delay.
- Where such a delay caused by Seller, or Sellers Sub-Contractors, actions or failures to act, Seller agrees that Buyer has the
right to have Seller take, at no cost to including but necessarily limited to:
o Overtime during weekdays;
o Extra time during weekends;
o Extra time during shop and/or public holidays;
o Extra shift(s);
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 6 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

o Alternative means of shipping and transport


o Sub-ordering of components
- In the event that additional costs due to a delay are incurred by Buyer, including but not limited to costs of extraordinary
expediting and inspection required, all such costs will be for account of Seller.
- Special measures necessary to recover delivery delays not caused by Seller may be taken after Buyers agreement on:
o The nature of the special measures to be taken;
o The benefit accruing to the delivery date and guaranteed by Seller;
o The extent of same measures;
o The timing;
o The costs;
5/ Inspection
The extent of inspection is defined in the Buyer Inspection & Test Plan (ITP) enclosed with the Order.
The Seller is responsible to provide sufficient quality assurance and quality control to ensure the equipment and/or material
supplied fully meets the requirements defined in the Order, referenced specifications, applicable Codes & Standards and the
statutory requirements in the country of use.
Inspection by Buyer shall not be regarded as a substitute for inspection by the Seller and does not relieve Seller of its
responsibilities. Unless otherwise agreed, the Seller shall have completed to their satisfaction all tests, inspections or
measurements prior to Buyer's or their nominee's arrival. All appropriate documentation or certification shall have been completed
and be available for review to comply with the Order requirements. Seller shall provide all necessary facilities to conduct such
tests, inspections or measurements. Costs incurred as a result of the Seller failing to comply with specified inspection
requirements, shall be to the Seller's account, for all Witness and Hold Points. Inspections shall not be offered on Saturdays or
Sundays except by prior written agreement.
Buyer requires Seller to provide a minimum of ten (10) working days notification of inspection, based on a five-day (5) working
week, for all Witness and Hold Points.
All Inspection Notifications shall be submitted on the Air Products form TE-PROCURE-0021 Inspection Notification Template enclo
sed
with the Order and shall be addressed in accordance with the communication protocol herein.
All Inspection Notifications shall be copied to the Air Products Expediting mailbox: see paragraph 4/.
Equipment and/or material subject to inspection by Buyer shall not be packed for shipment or delivered by the Seller until receipt
of the Inspection Release Note signed by the Air Products Project Source Inspection Lead.
6/ Packing
i) Equipment shall be delivered per the term in the Order in accordance with INCOTERMS 2020.
ii) Seller is required to take photographs of packed items and provide to Air Products Logistics personnel.
iii) Seller shall provide photographs of the contents of the boxes before closure of the boxes to Buyer. Buyer may utilize such
photographic evidence in case of any discrepancies upon receipt of equipment and materials at site.
iv)Twenty one (21) calendar days before the intended shipping date the Seller shall notify the Buyer and/or its shipping forwarder
of such date along with:
(1) Purchase Order Number
(2) Item Number
(3) Description of Shipment
(4) Number of Packages
(5) Total Gross & Net Weight and Volume
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 7 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

(6) Place of Loading.


The Buyer or its shipping forwarder shall notify the name of the carrier and its estimated time of arrival at the loading place.
v) Sellers shall detail special handling instructions, preservation requirements and similar e.g. Items shipped under purge
Packing shall be made in strict accordance with the Packing and Marking Specification issued with the Order. All wood used in the
packing of these goods shall be treated in accordance with the International Phytosanitary Standard for Wood Packaging ISPM15.
Packing method shall be in accordance with Sellers quotation.
vi)The Seller shall indicate Shipping marks on every package according to the Buyer's shipping marks instruction. Packing List
shall be attached to the outside of every package and affixed in a waterproof envelope.
vii) Seller shall provide the preliminary Packing List to Buyer for review as soon as possible and shall include as a minimum the
following information:
(1) Air Products Order number
(2) Air Products Order line item
(3) Air Products Tag number
(4) Equipment description in accordance with the Order
(5) Number of packages
(6) Net and Gross weights
(7) Packed dimensions and volume
viii) Upon completion of packing (and successful Packing Inspection, if applicable), the Seller shall provide the final confirmed
Packing List with final weights and dimensions to the Buyer shipping department
ix)The Sellers shall detail storage & preservation requirements to be used and the extent of disassembly of the equipment prior to
shipment.
These instructions shall include photos taken before and after any items are removed for shipment to facilitate reassembly at site.
Such instructions shall be issued with Sellers formal documentation as supplementary shipping documents.
x) Spare parts or special tools shall be packed and shipped separately from main equipment item(s). Sellers shall mark Spare Parts
and Special Tools tagging / labelling indicating Order and related Equipment Tag Number.
xi)Seller is responsible for making the shipping arrangements to ensure timely delivery of the goods in accordance with the
delivery terms of the Order.
xii) Seller shall furnish the Buyer with all shipping documentation required for shipment, export customs clearance and importation
in the country of destination, as well as any relevant permits or payments. Shipping documentation shall include, but not be
limited to the following:
(1) Shipping Invoice(s)
(2) Packing List(s)
(3) Bill of Lading (if applicable)
(4) Certificate of Origin (COO) issued by Chamber of Commerce (if applicable)
(5) Any supporting documents required for application for Certification of Origin (if applicable)
(6) Phytosanitary Certificates
(7) Photographs of packed goods
Packing list shall detail all items of the Consignment: (a) State whether it is a complete Order or part or balance of the Order;
(b) State the type of package, overall dimensions and Net & Gross weights; (c) Indicate the date and method of despatch; (d) Detail
the exact contents of each package.
Packing List descriptions shall include all relevant part/tag numbers, and shall indicate the correct HS code. Contents Lists that
make reference to "one lot" or any other group description shall not be accepted.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 8 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Deliveries received without agreed shipping documentation will not be accepted.


Seller shall provide a report of all components removed for shipping or temporary supports added for shipment. Temporary supports
shall be colored for site and transportation safety. Clear instructions on reinstatement shall be included.
Seller shall communicated to Buyer any Hazardous Materials in a timely manner. COSHH Data sheets and any specific shipping,
handling \u0026 packing requirements shall be supplied prior or together with Sellers shipping documentation.
7/ Tagging & Marking
All items shall be tagged in accordance with the Order. The tags shall be marked with Buyers Identification number and Order
Number. All packages shall bear Order number, item numbers and adequate description of the contents.
8/ Shipping instructions
Seller shall apply to the Air Products Expediting mailbox (see paragraph 4/) for the shipping release and shall submit the complete
final shipping documentation when goods are ready for despatch. Buyers shipping release will be issued to Seller only upon the
availability of Inspection Release Note and approved Sellers shipping documentation.
Sellers application for shipping release shall be made separately for each separate consignment. Each application and subsequent
Packing Lists shall clearly itemize each piece of equipment included in that shipment and shall reference the full description and
part/tag number of each included item. Any extra costs incurred due to customs delays following non-compliance with the above
instructions will be deducted from the payment against Seller's invoice.
Seller shall not release materials to shipping without an expediting release from the assigned Buyers Expeditor. Under no
circumstances can shipment take place until full authority has been received from the Buyers Shipping Group.
9/Provision of data
The provision of certification, drawings and data as defined in the VDR (or equivalent), forms an integral part of this Order. Form
VDR (or equivalent) needs to be completed and returned to Buyer within 2 weeks of order receipt, as part of the document control
system. Payment for goods provided under this Order is conditional upon receipt and approval of satisfactory & legible
certification, drawings and data. The Seller should note that payment will be withheld if goods are provided but without
satisfactory & legible certification, drawings and data and that payment will not be effected until the Seller has provided same
and subsequent approval has been given by Buyer.
All certification, drawings and data shall be clearly marked with the Order order number, item number, and (where stated),
identification number. Where certification comprises more than one page, certification shall be provided in a dossier with an index
10/ Submission dates of design, engineering drawings and documentation:
All engineering documentation is submitted electronically. This shall include all drawings, specifications, manuals, and any other
documents requested for submittal in our VDR form (or equivalent). Data Dossiers shall be made available for inspection at time of
delivery. The inspector will review the Dossier and release as either complete, with holds or rejected. The Seller should send the
completed dossier to Air Products VDR (or equivalent) for formal approval. The rule set for file formats to be used for electronic
document submittals is as follows: If the original is a native file all documents shall be rendered to a pdf file. If there are
specific requirements for native files to be submitted it will be added to the Purchase Order. Documents shall be submitted by
electronic mail.
Documents are to be attached to an electronic mail message sent to the email addressed indicated in the Order on required submittal
dates on the VDR form (or equivalent). If the Seller faces issues sending an electronic mail, document submittals shall be sent on
a CD rom(s) via over-night delivery, or other method of delivery, to meet the required submittal dates on the VDR form (or
equivalent) to:
Engineering data controllers,
Air Products Plc, Hersham place,
Molesey road, Hersham. KT12 4RZ. England, UK.
All drawings shall carry the necessary identification requested on the VDR form (or equivalent), electronic mails and CD Roms shall
be similarly labelled.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 9 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

11/ Submission and payment of invoices


Draft Invoices shall be submitted electronically to the Buyer for approval prior to formal invoice submission as noted in the
communications protocol. Seller shall ensure to reference Project Number, Purchase order Number, milestone payment description on
its invoices.
Unless specified otherwise in the Order, amounts payable under the Order shall be invoiced at the time of invoicing of the
Milestone Payment for delivery of Equipment, Documentation and/or Work, but in any circumstances not earlier than after the
completion of corresponding activities/supplies.
All payments shall be made within forty five (45) calendar days after the date of receipt by Buyer provided receipt of Sellers
true, correct and complete invoice (including all supporting documents as per relevant requirements).
Once the invoice is approved by the Buyer, the payment term will commence from the date of the invoice.
Incorrect invoices and invoices disputed by Buyer in whole or in part shall be rejected by Buyer and returned back to Seller
advising the reasons for such rejection. The Seller shall correct and re-submit such invoices. Invoice dispute resolution between
Seller and Buyer shall be limited to seven (7) calendar days.
The Seller shall only submit a hardcopy or softcopy of the invoice to the invoicing address shown on the front page of the Order
after approval by Buyer.
All payments shall be invoiced by Seller and paid by Buyer in the currency defined in the Order.
Failure to follow these instructions may result in delayed payments.
Any other costs or changes that the Seller considers due shall be contractually agreed with the Buyer and an amendment to the
purchase order received prior to issuing of a separate invoice for the agreed supplementary sum. Buyer may deduct from payments du
e
to the Seller any amounts owing to it under this Purchase Order or any other Purchase Order placed with the Seller.
For further details regarding invoice payments, please refer to the link:
http://www.airproducts.com/Company/supplier-information/payment.aspx.
12/ Fixed price(s)
All prices quoted are fixed for the duration of the contract, not subject to escalation for any reason.
13/ Scope changes
Changes to the scope of this purchase order are not permitted without written authority from Buyer. No payments shall be made for
scope changes unless prior agreement has been received from Buyer in the form of a purchase order amendment. Prior to issuance of
a
purchase order amendment, Seller will complete and return to Buyer a deviation request. In addition, payment will not be made for
any work performed by Seller; in response to comments by Buyer on Seller's drawings; or as a result of Buyer's inspection, where
such work is necessary to meet the scope detailed in the latest issue of the purchase order plus applicable purchase order
14/ Air Products material origins
Seller complies, at time of purchase order acceptance, with the latest revision of the Buyer's worldwide specification 4WPI-M00001
"General Piping Material Purchase Specification", 4WGN-20001 "Supplier Quality Requirements" and 4WGN-20002 "Material Requ
irements"
related to "Country of Origin" for qualified or acceptable materials used in fabrication. A copy of these specifications is
available at
http://www.airproducts.com/AboutUs/SupplierInformation/GeneralPurchaseOrderInformation.htm. The use of materials from unquali
fied
countries requires approval in writing from the Buyer.
15/ Language of contract
All correspondence in relation to this contract will be in the English Language unless otherwise agreed with the Buyer.
16/ Confirmation of order receipt and Order acknowledgement
Confirmation of receipt of this order and formal acknowledgement of this Order is required as follows:
Seller shall confirm receipt of this purchase order by email to the Air Products Expediting mailbox (see paragraph 4/) within 48
hours stating the following:
We .............. Confirm receipt of air products purchase order number SM00012635................ Dated...........and confirm
that we formally acknowledge the order by ...................... (1 week after Order date)
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012635
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 10 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

i. any case of fraud, fraudulent misrepresentation, gross negligence or willful misconduct,


ii. any personal and/or bodily injury or death,
iii.liabilities under Articles 23 (Price, Payment, and Taxes), 5 (Assignment and Sub-Orders), 14 (Indemnity), 21 (Compliance with
Laws), 12 (Property and Risk), 20 (Compliance with Anti-Corruption Laws)
shall not exceed one hundred per cent (100%) of the Order price.
22/ Warranty
Sellers Warranty for equipment and materials shall be in accordance with Article 13 Warranty of the Terms and Conditions of Order.
_________________________________________________________________________________________
SAFETY FIRST!
If this assignment involves work at an Air Products facility or Air Products customer site, including but not limited to existing plant
modifications and maintenance activities, then the Purchaser’s (latest version) of EH&S procedure 25-0046 ‘Contractor Safety’ will
apply. If you are performing this type of work and/service and you have not received this procedure, please immediately contact your
Air Products’ contact person before starting any works.
INVOICES
To avoid late payments, all invoices should:
o include the Purchase Order number
o be billed to/invoiced to “The Purchaser” showing in the top left corner of this PDF order
o preferably sent by email where possible/legal, or in paper to the address shown in “Invoice Address” (unless alternative instruction
is provided in this Purchase Order)
Suppliers can register to “MyAirProducts” account to view the status of their invoices and the remittances of payments (information
available here: https://www.airproducts.com/company/suppliers/transactional-info).
_________________________________________________________________________________________
Air Products encourages all our business partners to report any suspected violations on business ethics and employee integrity matters.
You may refer to Air Products IntegrityLine website: _https://secure.ethicspoint.com/domain/media/en/gui/43793/index.html to make
a report online, by phone; send email to: [email protected], or reach the compliance & investigation contact directly.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10
3197 LK Botlek Rotterdam, Page 1 of 12
Netherlands
Issue Date: April 22, 2024
VAT-IDNo.: NL806423638B01
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

Payment Terms: Invoice Address:


[email protected]
Net 45 days date of invoice
Air Products Nederland B.V.
p.a.Leonardo Da Vincilaan 19C Bus 4
B-1831 Diegem, Belgium BE
Att: Accounts Payable
VAT-IDNO: NL806423638B01
Delivery Terms:
FOB On-Site
Purchaser’s (latest version) of general terms and conditions, of the ordering-entity, apply to this assignment (Available at our website
https://www.airproducts.com/company/suppliers/general-conditions-of-purchase), unless other terms and conditions are referred to in this Purchase Order. Please note
that the Purchaser will not accept any general terms and conditions different from the ones stated in this Purchase Order. This order has been electronically authorized
by the Purchaser and is valid without the Purchaser's signature.

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Project Number: EN21-3385


Project: Botlek Hyco5
Country of installation: The Netherlands
Scope of Supply: Including, but not limited to design, engineering, manufacturing, assembly, inspection, testin
g, preparation for
shipment of FLD1.ELE.002 MV CABLES.
This Purchase Order (hereinafter referred to as Order) is issued for account of Air Products Nederland B.V. for t
he supply of
Materials and Services as detailed herein for the Botlek HyCO5 project.
The Order is concluded between Baosheng Science and Technology Innovation Co., Ltd. (hereinafter referred t
o as Seller) and Air
Products Nederland B.V. (hereinafter referred to as Buyer).
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 2 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Purchase Order date: 22-Apr-2024.


Pricing (inclusive seaworthy packing) is in accordance with Sellers Proposal Ref BRJI-HYCO5-20240413-
BS\/AP-rev.01 dated 13 April
2024 and final price confirmation through email dated 17 April 2024.
In case additional cable / quantities are required within 15days of the issuance of the purchase order, then price
variation
formula shall be used.
Tolerance on quantities shall be : -0%, +5%.
Terms and Conditions of Purchase
The terms and conditions shall apply in accordance with the following order of precedence:
1) Air Products Purchase Order
2) Purchase Order Special Notes
3) AGREED AP GLOBAL TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIAL PURCHASE
S - APCI and Baosheng Science and Technology Innovation
Co., Ltd. dd. 13-Dec-2021, hereinafter referred to as Terms and Conditions of Order
4) Sellers Proposal Ref BRJI-HYCO5-20240413-BS\/AP-rev.01 dated 13 April 2024 and final price confirmati
on through email dated 17
April 2024.
Attachments to Purchase Order
The following documents listed below and all drawings, Standards and specifications enumerated therein, form
an integral part of
this Purchase Order:
1. Attachment 01: Purchase Order Special Notes dd. 22-April-2023
2. Attachment 02: Purchase Order Acknowledgment
3. Attachment 03: AGREED AP GLOBAL TERMS AND CONDITIONS FOR EQUIPMENT AND MATERI
AL PURCHASES - APCI and Baosheng Science and
Technology Innovation Co., Ltd. dd. 13-Dec-2021
4. Attachment 04: Not Used
5. Attachment 05: Shipment and Packing Specification for Equipment and Materials being Exported directly by
Vendors, 4WGN-10001 rev
6
6. Attachment 06: Supplier Shipping & Packing Requirements, SPEC-PROCURE-0001 Rev. 0
7. Attachment 07: Certificate of Ownership
8. Attachment 08: Not applicable
9. Attachment 09: Bank Guarantee for Performance, Warranty and Guarantee Obligations
10. Attachment 10: Supplier Monthly Progress Report
11. Attachment 11: Inspection Notification Template
12. Attachment 12: EN213385-PEM-MP6-00007_Vendor Documentation Management Procedure
for Hyco5 Project_00
13. Technical Requisition FLD1.ELE.002
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 3 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Below communication protocol shall be observed:


i. For technical matters - Mr. Rajesh Koli; email [email protected] and Snehal Garaye email: GA
[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
MV Cable per 1 AU
Tracking number: D583701000
Eng Req: FLD1.ELE.002
ECEC1H01400 - 1C x 400sqmm,Stranded Copper Cores, XLPE insulated, Copper Wire or Tape Screened, aluminium wire a
rmoured, PVC
sheathed, single core, 8.7/15 kV (17.5kV) grade cable to IEC 60502-2 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00020 June 05, 2024
MV Cable per 1 AU
Tracking number: D583702000
Eng Req: FLD1.ELE.002
ECEC1T03185 - 3C x 185sqmm, Stranded Copper Cores, XLPE insulated, Copper Wire or Tape Screened, steel wire armou
red, PVC sheathed,
multicore, 8.7/15 kV (17.5kV) grade cable to IEC 60502-2 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00030 June 05, 2024
MV Cable per 1 AU
Tracking number: D583703000
Eng Req: FLD1.ELE.002
ECEC1T03240 - 3C x 240sqmm,Stranded Copper Cores, XLPE insulated, Copper Wire or Tape Screened, steel wire armour
ed, PVC sheathed,
multicore, 8.7/15 kV (17.5kV) grade cable to IEC 60502-2 (Qty in M)
Project Reference: 000040023740 Z115 (EN-21-3385)
_________________________________________________________________________________________
00050 June 05, 2024
FOB SHANGHAI PORT per 1 AU
Eng Req: FLD1.ELE.002
FOB SHANGHAI PORT - FOB SHANGHAI PORT
Project Reference: 000040023740 Z115 (EN-21-3385)
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 4 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price
_________________________________________________________________________________________
Total net value excl. VAT USD 800,309.55
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 5 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Attachment 01: Purchase Order special notes.


Delivery:
Seller shall deliver the equipment and materials on or before 05-June-2024 (1Week for Data Sheet Submission by Seller, 1 Week for
data sheet approval from Buyer, and 30days for manufacturing activities).
Seller shall deliver all equipment and materials on the basis of FOB Shanghai Port, INCO terms 2020.
Seller shall confirm delivery dates upon Order acknowledgment.
Purchase Order Specific Terms & Conditions:
0/ Definitions
Any references to Supplier shall be understood to mean Seller. Any references to Purchaser and Air Products shall be
understood to mean Buyer.
1/ Document submission schedule
Seller shall submit its documentation in accordance with the Vendor Documentation Registers included with this Order.
2/ Payment schedule
Net within 45 days after receipt and final approval of Sellers invoice(s) as follows:
Payment: 100% of the Order value shall be payable upon Shipment of Equipment for dispatch as per agreed delivery INCOTERMS of
the
Order, agreed documentation as per the VDR including final documentation / vendor data book (pro-rata basis) and submission of
Performance Bank Guarantee of equivalent value valid throughout the warranty period plus two (2) months.
3/ Liquidated damages
Liquidated damages for late delivery of Equipment and materials shall be in accordance with Article 7.1 and Article 7.2 of Terms
and Conditions of Order.
If the Seller changes key dimensions or key termination points on drawings, then the Buyer, having to rework the design, will be
entitled to liquidated damages at the rate of 2.5% of the total Purchase Order but not less than 1000 GBP value per detail change.
4/ Expediting and progress reporting
The Order shall be subject to expediting by Buyer and its clients. Buyer and/or its clients shall have the right to attend Seller's
premises or the premises of Seller's subcontractors at all reasonable times for the purpose of verifying order progress. A
manufacturing schedule shall be submitted to the Buyers Expeditor. Milestone dates shall be shown on the Sellers manufacturing
schedule. A fortnight-based progress report shall be provided by the Seller, which shall include as a minimum: key activities
achieved, any shortfalls in progress against manufacturing schedule, and recovery plans. All reports shall be submitted
electronically. In case of reporting, templates, reports and schedule needs to be agreed by the Buyers Expeditor and Lead
All communication shall be submitted to the Air Products Expediting Mailbox in accordance with the communication protocol herein.
Buyer may request regular status meetings to discuss progress on the Order and escalate issues as required.
4.1 Delivery Delays
- In the event of a possible delay in delivery. Seller shall immediately inform Buyers Expeditor and shall undertake all necessary
measures in order to minimize the delay.
- Where such a delay caused by Seller, or Sellers Sub-Contractors, actions or failures to act, Seller agrees that Buyer has the
right to have Seller take, at no cost to including but necessarily limited to:
o Overtime during weekdays;
o Extra time during weekends;
o Extra time during shop and/or public holidays;
o Extra shift(s);
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 6 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

o Alternative means of shipping and transport


o Sub-ordering of components
- In the event that additional costs due to a delay are incurred by Buyer, including but not limited to costs of extraordinary
expediting and inspection required, all such costs will be for account of Seller.
- Special measures necessary to recover delivery delays not caused by Seller may be taken after Buyers agreement on:
o The nature of the special measures to be taken;
o The benefit accruing to the delivery date and guaranteed by Seller;
o The extent of same measures;
o The timing;
o The costs;
5/ Inspection
The extent of inspection is defined in the Buyer Inspection & Test Plan (ITP) enclosed with the Order.
The Seller is responsible to provide sufficient quality assurance and quality control to ensure the equipment and/or material
supplied fully meets the requirements defined in the Order, referenced specifications, applicable Codes & Standards and the
statutory requirements in the country of use.
Inspection by Buyer shall not be regarded as a substitute for inspection by the Seller and does not relieve Seller of its
responsibilities. Unless otherwise agreed, the Seller shall have completed to their satisfaction all tests, inspections or
measurements prior to Buyer's or their nominee's arrival. All appropriate documentation or certification shall have been completed
and be available for review to comply with the Order requirements. Seller shall provide all necessary facilities to conduct such
tests, inspections or measurements. Costs incurred as a result of the Seller failing to comply with specified inspection
requirements, shall be to the Seller's account, for all Witness and Hold Points. Inspections shall not be offered on Saturdays or
Sundays except by prior written agreement.
Buyer requires Seller to provide a minimum of ten (10) working days notification of inspection, based on a five-day (5) working
week, for all Witness and Hold Points.
All Inspection Notifications shall be submitted on the Air Products form TE-PROCURE-0021 Inspection Notification Template enclo
sed
with the Order and shall be addressed in accordance with the communication protocol herein.
All Inspection Notifications shall be copied to the Air Products Expediting mailbox: see paragraph 4/.
Equipment and/or material subject to inspection by Buyer shall not be packed for shipment or delivered by the Seller until receipt
of the Inspection Release Note signed by the Air Products Project Source Inspection Lead.
6/ Packing
i) Equipment shall be delivered per the term in the Order in accordance with INCOTERMS 2020.
ii) Seller is required to take photographs of packed items and provide to Air Products Logistics personnel.
iii) Seller shall provide photographs of the contents of the boxes before closure of the boxes to Buyer. Buyer may utilize such
photographic evidence in case of any discrepancies upon receipt of equipment and materials at site.
iv)Twenty one (21) calendar days before the intended shipping date the Seller shall notify the Buyer and/or its shipping forwarder
of such date along with:
(1) Purchase Order Number
(2) Item Number
(3) Description of Shipment
(4) Number of Packages
(5) Total Gross & Net Weight and Volume
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 7 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

(6) Place of Loading.


The Buyer or its shipping forwarder shall notify the name of the carrier and its estimated time of arrival at the loading place.
v) Sellers shall detail special handling instructions, preservation requirements and similar e.g. Items shipped under purge
Packing shall be made in strict accordance with the Packing and Marking Specification issued with the Order. All wood used in the
packing of these goods shall be treated in accordance with the International Phytosanitary Standard for Wood Packaging ISPM15.
Packing method shall be in accordance with Sellers quotation.
vi)The Seller shall indicate Shipping marks on every package according to the Buyer's shipping marks instruction. Packing List
shall be attached to the outside of every package and affixed in a waterproof envelope.
vii) Seller shall provide the preliminary Packing List to Buyer for review as soon as possible and shall include as a minimum the
following information:
(1) Air Products Order number
(2) Air Products Order line item
(3) Air Products Tag number
(4) Equipment description in accordance with the Order
(5) Number of packages
(6) Net and Gross weights
(7) Packed dimensions and volume
viii) Upon completion of packing (and successful Packing Inspection, if applicable), the Seller shall provide the final confirmed
Packing List with final weights and dimensions to the Buyer shipping department
ix)The Sellers shall detail storage & preservation requirements to be used and the extent of disassembly of the equipment prior to
shipment.
These instructions shall include photos taken before and after any items are removed for shipment to facilitate reassembly at site.
Such instructions shall be issued with Sellers formal documentation as supplementary shipping documents.
x) Spare parts or special tools shall be packed and shipped separately from main equipment item(s). Sellers shall mark Spare Parts
and Special Tools tagging / labelling indicating Order and related Equipment Tag Number.
xi)Seller is responsible for making the shipping arrangements to ensure timely delivery of the goods in accordance with the
delivery terms of the Order.
xii) Seller shall furnish the Buyer with all shipping documentation required for shipment, export customs clearance and importation
in the country of destination, as well as any relevant permits or payments. Shipping documentation shall include, but not be
limited to the following:
(1) Shipping Invoice(s)
(2) Packing List(s)
(3) Bill of Lading (if applicable)
(4) Certificate of Origin (COO) issued by Chamber of Commerce (if applicable)
(5) Any supporting documents required for application for Certification of Origin (if applicable)
(6) Phytosanitary Certificates
(7) Photographs of packed goods
Packing list shall detail all items of the Consignment: (a) State whether it is a complete Order or part or balance of the Order;
(b) State the type of package, overall dimensions and Net & Gross weights; (c) Indicate the date and method of despatch; (d) Detail
the exact contents of each package.
Packing List descriptions shall include all relevant part/tag numbers, and shall indicate the correct HS code. Contents Lists that
make reference to "one lot" or any other group description shall not be accepted.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 8 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

Deliveries received without agreed shipping documentation will not be accepted.


Seller shall provide a report of all components removed for shipping or temporary supports added for shipment. Temporary supports
shall be colored for site and transportation safety. Clear instructions on reinstatement shall be included.
Seller shall communicated to Buyer any Hazardous Materials in a timely manner. COSHH Data sheets and any specific shipping,
handling \u0026 packing requirements shall be supplied prior or together with Sellers shipping documentation.
7/ Tagging & Marking
All items shall be tagged in accordance with the Order. The tags shall be marked with Buyers Identification number and Order
Number. All packages shall bear Order number, item numbers and adequate description of the contents.
8/ Shipping instructions
Seller shall apply to the Air Products Expediting mailbox (see paragraph 4/) for the shipping release and shall submit the complete
final shipping documentation when goods are ready for despatch. Buyers shipping release will be issued to Seller only upon the
availability of Inspection Release Note and approved Sellers shipping documentation.
Sellers application for shipping release shall be made separately for each separate consignment. Each application and subsequent
Packing Lists shall clearly itemize each piece of equipment included in that shipment and shall reference the full description and
part/tag number of each included item. Any extra costs incurred due to customs delays following non-compliance with the above
instructions will be deducted from the payment against Seller's invoice.
Seller shall not release materials to shipping without an expediting release from the assigned Buyers Expeditor. Under no
circumstances can shipment take place until full authority has been received from the Buyers Shipping Group.
9/Provision of data
The provision of certification, drawings and data as defined in the VDR (or equivalent), forms an integral part of this Order. Form
VDR (or equivalent) needs to be completed and returned to Buyer within 2 weeks of order receipt, as part of the document control
system. Payment for goods provided under this Order is conditional upon receipt and approval of satisfactory & legible
certification, drawings and data. The Seller should note that payment will be withheld if goods are provided but without
satisfactory & legible certification, drawings and data and that payment will not be effected until the Seller has provided same
and subsequent approval has been given by Buyer.
All certification, drawings and data shall be clearly marked with the Order order number, item number, and (where stated),
identification number. Where certification comprises more than one page, certification shall be provided in a dossier with an index
10/ Submission dates of design, engineering drawings and documentation:
All engineering documentation is submitted electronically. This shall include all drawings, specifications, manuals, and any other
documents requested for submittal in our VDR form (or equivalent). Data Dossiers shall be made available for inspection at time of
delivery. The inspector will review the Dossier and release as either complete, with holds or rejected. The Seller should send the
completed dossier to Air Products VDR (or equivalent) for formal approval. The rule set for file formats to be used for electronic
document submittals is as follows: If the original is a native file all documents shall be rendered to a pdf file. If there are
specific requirements for native files to be submitted it will be added to the Purchase Order. Documents shall be submitted by
electronic mail.
Documents are to be attached to an electronic mail message sent to the email addressed indicated in the Order on required submittal
dates on the VDR form (or equivalent). If the Seller faces issues sending an electronic mail, document submittals shall be sent on
a CD rom(s) via over-night delivery, or other method of delivery, to meet the required submittal dates on the VDR form (or
equivalent) to:
Engineering data controllers,
Air Products Plc, Hersham place,
Molesey road, Hersham. KT12 4RZ. England, UK.
All drawings shall carry the necessary identification requested on the VDR form (or equivalent), electronic mails and CD Roms shall
be similarly labelled.
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 9 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

11/ Submission and payment of invoices


Draft Invoices shall be submitted electronically to the Buyer for approval prior to formal invoice submission as noted in the
communications protocol. Seller shall ensure to reference Project Number, Purchase order Number, milestone payment description on
its invoices.
Unless specified otherwise in the Order, amounts payable under the Order shall be invoiced at the time of invoicing of the
Milestone Payment for delivery of Equipment, Documentation and/or Work, but in any circumstances not earlier than after the
completion of corresponding activities/supplies.
All payments shall be made within forty five (45) calendar days after the date of receipt by Buyer provided receipt of Sellers
true, correct and complete invoice (including all supporting documents as per relevant requirements).
Once the invoice is approved by the Buyer, the payment term will commence from the date of the invoice.
Incorrect invoices and invoices disputed by Buyer in whole or in part shall be rejected by Buyer and returned back to Seller
advising the reasons for such rejection. The Seller shall correct and re-submit such invoices. Invoice dispute resolution between
Seller and Buyer shall be limited to seven (7) calendar days.
The Seller shall only submit a hardcopy or softcopy of the invoice to the invoicing address shown on the front page of the Order
after approval by Buyer.
All payments shall be invoiced by Seller and paid by Buyer in the currency defined in the Order.
Failure to follow these instructions may result in delayed payments.
Any other costs or changes that the Seller considers due shall be contractually agreed with the Buyer and an amendment to the
purchase order received prior to issuing of a separate invoice for the agreed supplementary sum. Buyer may deduct from payments du
e
to the Seller any amounts owing to it under this Purchase Order or any other Purchase Order placed with the Seller.
For further details regarding invoice payments, please refer to the link:
http://www.airproducts.com/Company/supplier-information/payment.aspx.
12/ Fixed price(s)
All prices quoted are fixed for the duration of the contract, not subject to escalation for any reason.
13/ Scope changes
Changes to the scope of this purchase order are not permitted without written authority from Buyer. No payments shall be made for
scope changes unless prior agreement has been received from Buyer in the form of a purchase order amendment. Prior to issuance of
a
purchase order amendment, Seller will complete and return to Buyer a deviation request. In addition, payment will not be made for
any work performed by Seller; in response to comments by Buyer on Seller's drawings; or as a result of Buyer's inspection, where
such work is necessary to meet the scope detailed in the latest issue of the purchase order plus applicable purchase order
14/ Air Products material origins
Seller complies, at time of purchase order acceptance, with the latest revision of the Buyer's worldwide specification 4WPI-M00001
"General Piping Material Purchase Specification", 4WGN-20001 "Supplier Quality Requirements" and 4WGN-20002 "Material Requ
irements"
related to "Country of Origin" for qualified or acceptable materials used in fabrication. A copy of these specifications is
available at
http://www.airproducts.com/AboutUs/SupplierInformation/GeneralPurchaseOrderInformation.htm. The use of materials from unquali
fied
countries requires approval in writing from the Buyer.
15/ Language of contract
All correspondence in relation to this contract will be in the English Language unless otherwise agreed with the Buyer.
16/ Confirmation of order receipt and Order acknowledgement
Confirmation of receipt of this order and formal acknowledgement of this Order is required as follows:
Seller shall confirm receipt of this purchase order by email to the Air Products Expediting mailbox (see paragraph 4/) within 48
hours stating the following:
We .............. Confirm receipt of air products purchase order number SM00012637................ Dated...........and confirm
that we formally acknowledge the order by ......................(1 week after Order date)
The Purchaser:
Air Products Nederland BV Purchase Order No: SM00012637
Boyneweg 10 Vendor Id: 10147307
3197 LK Botlek Rotterdam,
Netherlands Page 10 of 12
EORI: NL806423638

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

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

Item Material Number and Delivery Date /


No. Description Time Quantity Unit Unit Price Currency Extended Price

i. any case of fraud, fraudulent misrepresentation, gross negligence or willful misconduct,


ii. any personal and/or bodily injury or death,
iii.liabilities under Articles 23 (Price, Payment, and Taxes), 5 (Assignment and Sub-Orders), 14 (Indemnity), 21 (Compliance with
Laws), 12 (Property and Risk), 20 (Compliance with Anti-Corruption Laws)
shall not exceed one hundred per cent (100%) of the Order price.
22/ Warranty
Sellers Warranty for equipment and materials shall be in accordance with Article 13 Warranty of the Terms and Conditions of Order.
_________________________________________________________________________________________
SAFETY FIRST!
If this assignment involves work at an Air Products facility or Air Products customer site, including but not limited to existing plant
modifications and maintenance activities, then the Purchaser’s (latest version) of EH&S procedure 25-0046 ‘Contractor Safety’ will
apply. If you are performing this type of work and/service and you have not received this procedure, please immediately contact your
Air Products’ contact person before starting any works.
INVOICES
To avoid late payments, all invoices should:
o include the Purchase Order number
o be billed to/invoiced to “The Purchaser” showing in the top left corner of this PDF order
o preferably sent by email where possible/legal, or in paper to the address shown in “Invoice Address” (unless alternative instruction
is provided in this Purchase Order)
Suppliers can register to “MyAirProducts” account to view the status of their invoices and the remittances of payments (information
available here: https://www.airproducts.com/company/suppliers/transactional-info).
_________________________________________________________________________________________
Air Products encourages all our business partners to report any suspected violations on business ethics and employee integrity matters.
You may refer to Air Products IntegrityLine website: _https://secure.ethicspoint.com/domain/media/en/gui/43793/index.html to make
a report online, by phone; send email to: [email protected], or reach the compliance & investigation contact directly.

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