CONDITIONS OF SALE Condition of sale of “Hort-Max” Ltd (hereinafter called “The Company”) for the sale of any products to any purchaser (hereinafter called the “Buyer”).

TERMS 1. Payments shall be made by the 20th day of the month following the issue of the invoice, unless otherwise arranged in advance and confirmed in writing by the General Manager, or his appointee, notwithstanding that the risk and possession but not the legal title in the Goods shall have passed as provided herein. 2. No payment shall be withheld for any disputed portion of an account unless full details of the disputed portion are sent to the Company. 3. The Company will not consider any account queries other than those for faulty goods, which are not raised within (30) days from the date of invoice.

CONTRACT CONDITIONS 4. Force Majeure. The Company shall not be liable for any loss, damage, injury, shortages, delay, late delivery or non delivery whatsoever due to circumstances beyond our control. Such cause or circumstances shall include acts of government, strikes, lockouts, labour disputes, embargoes, quarantine, acts of war, riots, civil commotions, fire, flood, accident, earthquake, malicious mischief or theft, machinery breakdown, shortage of labour or materials, unavailability of or delay in transportation, or any other event beyond the Company’s control. 4a. The buyer undertakes to apply the manufacturer’s guidelines for use and/or application at all times and the company accepts no liability for improper use/application of any product as per clause 10 of the contract. 5. The Company may by agreement with the Buyer defer the date of delivery of products ordered by the Buyer.

FREIGHT 6. All product prices exclude freight charges unless otherwise specified and advised in writing to the buyer. 7. The seller reserves the right to levy a freight surcharge where urgent delivery is requested by the customer. 8. Under the Carriage of Goods Act all claims for loss of or damage to goods must be made on the carrier within 30 days from the date on invoice.

NON-STANDARD 9. Special conditions may apply. These will be advised in confirmation of receipt of order. Cancellation of non-standard product orders or put up will only be accepted on the basis that the client pays all costs incurred in manufacture up to the date of cancellation.

EXCLUSION OF LIABILITY 10. The Company’s liability under this contract or any other contract collateral hereto is limited to replacing or at the discretion of the company’s repairing) any defective materials to the entire exclusion of any other remedy which, but for this clause, the Buyer might have had and the Company shall be under no liability for any damage, injury, direct or consequential or other loss or losses of profits or costs, charges and expenses on the part of the Buyer or any other person other than to repair of replace as mentioned above.

GOODS FOR RETURN 11. Goods shall only be returned to the Company with the Company’s prior written consent and within 14 days after delivery. Should the Company discover that there is not material defect in the Goods, the Company may charge the Buyer a handling fee. Goods not returned in accordance with the above may be rejected by the Company. All costs whatsoever for the return or delivery shall be payable by the Buyer.

INTELLECTUAL PROPERTY RIGHTS 12. The Buyer shall not alter, remove or in any way tamper with any of the trade or other marks or numbers of the Company attached to or placed upon the Goods.

TITLE 13. Goods supplied by the Company to the Buyer shall be at the Buyers risk immediately on delivery to the Buyer or into the Buyer’s custody (whichever is the sooner) and the Buyer should insure the Goods thereafter against such risks as it thinks appropriate. 14. The Buyer acknowledges and agrees that although risk in the goods supplied to the Buyer by the Seller shall pass from the time of delivery to the Buyer or into the Buyer’s custody, property in and title to the goods shall not pass to the Buyer until payment in full has been made by the Buyer to the Seller for the said goods and all other goods supplied to the Buyer by the Seller.

ARBITRATION 15. The company and the buyer agree that if any difference shall rise between them in any way connected to the agreement or operation thereof, then in such case the matter of dispute shall be referred to a single arbitrator and if the parties are unable to agree upon a single arbitrator, then to two arbitrators, one to chosen by each party and their umpire whose decision shall be final and binding pursuant to an in all other respects to conform to the provisions contained in the Arbitration Act 1996 and any amendments.