Terms and Conditions

HOMe Building Plastics Limited (‘’the company’’) CONDITIONS OF SUPPLY

1. Definitions In these Conditions

‘’Customer’’ means the party with whom the Company contracts;

‘’Contract’’ means the contract made between the Company and the Customer for supply of the Goods that are subject th these Conditions;

‘’Goods’’ means all or any of the goods works and materials to be supplied by the Company;

‘’Services’’ meansany service to be performed by the Company;

‘’Act of Insolvency’’ means any one or more of the following namely the passing of a resolution or the presenta-tion of a petition for winding up, bankruptcy or for the appointment of an administrator, the appointment of a re-ceiver and/or manager of administration receiver over the whole or any part of the Customer’s undertaking and assets, the making of a proposal for a voluntary arrangement within the Insolvency Act 1986 or of a proposal for any other composition scheme or arrangement with or the calling by the Customer of any meeting of its creditors generally, the levying of execution or distress or diligence on any of its assets, the failure its proper debts as and when due and anything analogous to any of the following under the law of the jurisdiction where the Customer is established.

2. Basis of contract

2.1 Any quotation shall remain open for a maximum period of 60 days from its date. Quotations are not bind-ing and shall not be open for acceptance by the Customer. When Goods are quoted for supply from stock they are quoted subject to being unsold when the Customer’s order is accepted.

2.2 These Conditions shall form the terms and conditions of the Contract and shall apply to the exclusion of any terms and conditions whether put forward by or on behalf of the Customer in or on its order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).

2.3 The placing by the Customer of any order shall constitute an offer by the Customer. No contract shall come into existence unless the Company accepts the Customer’s order in writing. Any order placed by the Cus-tomer with any of the Company’s salesman or other employees or representative shall be subject to written ac-ceptance by the Company.

2.4 No alteration to these Conditions shall be effective unless expressly agreed to in writing by a director of the Company.

2.5 The Customer shall be responsible to the Company for ensuring the accuracy , sufficiency and suitability of its order.

2.6 The Customer warrants that it has not relied on any representation or warranty made by or on behalf of the Company other than those expressly set forth in these Conditions.

3. Delivery

3.1 Any time quoted by the Company for delivery of all or any of the Goods and/or performance of all or any of the Services is an estimate only and time shall not be of the essence. The Company shall not be liable for the failure to meet any such estimate, nor for any lose, of whatsoever nature resulting directly or indirectly there from.

3.2 The Company reserves the right to deliver all or any of the Goods and/or the Services in advance of the estimated date.

3.3 In the absence of agreement to the contrary delivery of the Goods shall be made by the Customer col-lecting the Goods at the Company’s premises as soon as practicable following notification from the Company that the Goods are ready for collection or, if the same other place for delivery agreed by the Company, by the Com-pany delivering the Goods to the place.

3.4 The Company reserves the right to deliver by installments and each delivery shall constitute a separate contract to which these Conditions shall apply. Failure by the Company to deliver any one or more of the install-ments or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the Contract as a whole as repudiated.

3.5 Where delivery of the Goods is to be made by the Company in bulk, the Company reserves the right to deliver up to 20 per cent more or less than the quantity ordered, and the Company shall charge for the Goods in accordance with the quantity delivered.

3.6 If the Customer fails to take delivery of or collect the Goods or fails to give the Company adequate deliv-ery instruction after notification by the Company that the Goods are ready the Company may (without prejudice to its other rights and remedies):

3.6.1 store the Goods (on its own or any third party’s premises) and charge the Customer for its reasonable costs

3.7

3.7.1 Notification of short delivery (measured by weight or number) or damage in transit must be made in writ-ing to the Company within five days on receipt of the Goods;

3.7.2 Notification of non-delivery must be made in writing to the Company within 14 days of the date of the Company’s invoice;

3.7.3 The Company shall at its option either make good the whole or part of the price (and relevant, as a de-duction from any part of the price remaining unpaid) or by repair or replacement any such non-delivery short de-livery or damage notified as aforesaid in transit and save as in this Condition 3.7.3 shall not be liable for any such therefrom. In no event shall the Company be liable to the Customer in connection with any damage or loss in transit where delivery takes place at the Company’s premises.

4. Description

All descriptive and technical specifications, drawings, catalogues, illustrations and particulars of weight and di-mensions supplied by the Company are approximate only and the Company reserves the right without notice to the Customer to make alterations thereto and to supply the Goods so altered in performance of the Contract.

5. Cancellation

Following acceptance by the Company of the Customer’s order, no cancellation and/or suspension, either in whole or in part, may be made by the Customer other than with the prior written consent of a director of the Com-pany and upon terms that the Customer shall indemnify the Company in full against all loss (including without lim-itation loss of profit) damages , costs expenses and other liabilities awarded or incurred by the Company as a result of or in connection with the cancellation.

6. Price

6.1 Subject to prior written agreement to the contrary, the Company shall be entitled to invoice the Customer for the prices of the Goods or at any time after the Company has notified the Customer that the Goods are ready for collection or the Company has tendered delivery of the Goods.

6.2 Any price quoted by the Company is based upon costs current as at the date of the quotation. The price charged to the Customer under the Contract may be changed to take account of costs current at the date of in-voice.

6.3 Unless otherwise expressly stated in writing , all prices are exclusive of VAT, which shall be charged where appropriate at the rates prevailing at the relevant tax point.

6.4 The Customer shall make payment in full by the twentieth at the month following the date appearing on the Company’s invoice notwithstanding that the delivery may not have taken place and the property in the Goods may not have passes to the Customer. Interest at an annual rate of 4% over the base rate of the National West-minster Bank PLC will be charged on a daily basis / at the rate prevailing on the due date on all monies outstand-ing after the due date until the actual date of payment (both before and after judgment), and any cash discount will not be aloud to the Customer;

6.5 Where payment is agreed to be made by installments, and delay by the Customer in making payment in respect of any one installment shall render all remaining installments due forthwith ,and interest will be charged in accordance with condition 6.4 with immediate effect until the date of actual payment.

6.6 The Company may appropriate any payment made by the customer to such of the Goods (or the goods supplied under any other contract between the Company and the Customer) as the Company may see fit (notwithstanding any purported appropriation by the Customer).

7. Risk and title.

7.1 Risk in the Goods shall pass to the Customer immediately on delivery to the Customer or into custody on the Customer’s behalf with ever is the sooner.

7.2 Notwithstanding delivery and the passing of risk, property in and title to the Goods shall remain in the Company until the Company has received payment of the full price of all Goods and or services the subject of the Contract and all other Goods and or services supplied by the Company to the Customer under any other contract whatsoever.

7.3 Until property in and title to the Goods passes to the Customer.

7.3.1 the Customer shall keep the Goods properly stored, protected and insured and separate from all or any other goods whether belonging to the Company the Customer or any third party.

7.3.2 the Company shall be entitled at any time forthwith to revoke the Customer’s power to deal with the Goods; and it shall automatically cease if the Customer shall commit or be subject to any Act of Insolvency; and 7.3.3 the Customer shall make no modifications to the Goods or their packaging or alter remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods.

7.4 Upon termination of the Customer’s power to deal with the Goods , the Customer shall place the Goods at the disposal of the Company and the Company and its servants and agents are hereby irrevocably authorise within the need for consent of any third party but using only such force as may be necessary , to enter upon premises to the Customer or any third party for the purpose of removing the Goods.

7.5 If any of the foregoing provisions of this Condition shall be invalid or unenforceable such invalidity or un enforceability shall not affect the remaining provisions.

8. Termination and Suspension

Without prejudice to any rights and remedies available to it, the Company shall be entitled, forthwith on written notice to the Customer either to terminate the Contract wholly or in part any/or other contract with the Customer or to withhold performance of all or any of its obligations under the Contract and/or any other contract with the

Customer shall become immediately due and payable if:-

8.1 any sum owing to the Company from the Customer on any account whatsoever shall be unpaid after the due date for payment (in which event the Company shall have a general lien for any such sum on all and any property of the Customer in its possession);

8.2 the Customer shall commit or be subject to any Act of Insolvency;

8.3 the Customer shall commit any breach of any contract (including without imitation the Contract) with the Company.

Company

In the event of a suspension of performance the Company shall be entitled, as a condition of resuming perform-ance, to require pre-payment, or such security as it may require.

9. Warranty

The Company shall :

9.1 make good at its option by reimbursement of the whole or part of the price (and , where relevant, as a deduction form any part of the price remaining unpaid) or by repair or by replacement :-

9.1 any failure to meet specification is notified in writing to the Company within 14 days from the date of de-livery or (where the failure was not apparent on reasonable inspection) within a reasonable time after discovery of the failure and in the event such failure must be notified within 3 months after delivery;

9.1.2 any such defect in design materials workmanship shall have appeared within three months after delivery and shall have been thereupon promptly notified to the Company in writing;

9.1.3 the Company shall be under no liability in respect of any defect in the Goods arising from any drawings; design or specification supplied by the Customer;

9.1.4 the Company shall be under no liability in respect of any defect arising from fair wear and tear, or other acts of the Customer including without limitation wilful damage, negligence, lack of proper maintenance or servic-ing, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;

9.1.5 the Company shall be under no liability until any monies due from the Customer under the Contract have been paid in full; and

9.1.6 any Goods alleged to be defective are promptly made available to the Company for inspection and if so required by the Company , are promptly returned at the Customers risk and expense to the Company’s works for inspection.

9.2 The Company shall pass on the benefit of any such warranty or guarantee as is given by the manufac-turer to the Company and can be transferred.

9.3 The Company shall not be liable to the Customer in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by the Company its serv-ants or agents’ [in a sum which is greater than the Contract price].

9.4 The Company shall not be liable to the Customer in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits and/or loss of production or any indirect or consequential (including economics) loss of any kind which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by the Company, its servants or agents.

9.5 Provided that nothing in this Condition shall operate so as:-

9.5.1 to exclude the Company’s non-excludable liability in respect of death or personal injury caused by the negligence of the Company its servants or agents;

9.5.2 to exclude the application of Section 12 of the Sales of Goods Act 1979;

9.5.3 to exclude liability for fraudulent misrepresentation.

10. Health and safety

For the purpose of Section 6(8) of the Health and Safety at Work Act 1974 the Customer undertakes to comply with all instructions relating to the Goods received from the Company from time to time and to take such other steps sufficient to ensure, so far is reasonable practicable, that the Goods will at all times be safe and without risk to health when being properly used, set. Cleaned and maintained by a person at work.

10.1 If any claim is made against the Customer that the Goods infringe or that their use or resale infringes the patent, copyright, database right, design right, registered design , trade mark or other industrial or intellectual property rights of any other person or any claim is made in respect of passing off or unauthorised use of confiden-tial information in relation to the Goods and /or their use or resale the Customer shall forthwith notify the Com-pany in writing and the Company shall be given full control of any proceedings or negotiations in connection with such a claim. The Customer shall give the Company all reasonable assistance for the purpose of any sich pro-ceedings or negotiations and except pursuant to a final award, the Customer shall not pay or accept any such clai m, or compromise any such proceedings without the consent of the Company (which shall not be unreasonable withheld). The Customer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Company may have in relation to such infringements

11 Contracts for Services

If the Contract is for or to include Services to be performed by the Company the following provisions shall apply:-11.1 The Company shall only be obliged to carry out Services during normal working hours and shall be enti-tled to charge for any overtime worked upon request by the Customer.

11.2 Where Services are performed at the premises of the Customer , the Customer shall provide free of charge:-

11.2.1 Proper and safe storage and protection of all Goods, tools, plant, equipment and materials on site;

11.2.2 Free and safe access to the site and place where the Services are to be performed;

11.2.3 All facilities and services necessary to enable such Services to be performed safely and expeditiously; 11.2.4 If such Services include the installation of Goods, all builders work, foundations and cutting away and making good where necessary;

11.2.5 The availability of all plant and equipment to permit the Goods to be tested upon completion of Services.

11.3 The Customer shall pay the Company any expenses incurred by the Company by reason of a breach by the Customer of any of its obligations in the Contract without prejudice to the Company’s rights to recover any loss thereby occasioned.

11.4 Goods and Services supplied on the site of the Customer are tl all times at the sole risk of the Customer and if any part is lost or destroyed for any reason whatsoever the Company shall be entitled to charge as a varia-tion to the Contract for the restoration of such Goods and/or Services. The Customer shall for the benefit of itself and the Company insure and keep insured with reputable insurers the full value of the Goods and Services against every kind of loss, damage or destruction.

12. General

12.1 It shall be the responsibility of the Customer to ensure that all requirements applicable to the Contract, whether statutory, regular, municipal and/or otherwise howsoever , (including without liability and relating to the importation or the use of the Goods in the country of destination and for the payment of duties thereon) are duly complied with. It shall be a condition precedent to the performance by the Company of its obligations under the Contract that all necessary licences, permits and consents shall have been obtained by the Customer.

12.2 Without prejudice to the generality of Condition 11.1 the obtaining of any relevant exchange consents shall be a condition precedent by the Company of obligations under the Contract.

12.3 Neither party shall have any liability for any failure to perform or for any delay ( other than as to pay-ment) of any of its obligation under the Contract caused by any factor beyond its reasonable control.

12.4 No failure or delay on the part of the Company to exercise any of its rights under the Contract shall oper-ate as a waiver of nor shall any waiver by the Company of any breach by the Customer of any of its obligations under the Contract affect the rights of the Company in the event of any further breach.

12.5 The Contract is personal to the Customer, who shall not assign or in any part with the benefit without the Company’s prior written consent.

12.6 Each and every obligation contained in these Conditions shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other such obligation.

12.7 The clause headings in these Conditions are for convenience only and shall not in any way affect the interpretation of the Contract.

12.8 The Conditions and the Contract shall not create or evidence, or be deemed to create or evidence, any agency or partnership between the Company on the one hand and the Customer or any third party on the the other.

12.9 Any notice required to be given in writing under the Contract shall be given, where possible, by facsimile transmission and otherwise by first class post addressed to the registered head office of the party for which it is intended; or have been received, in the case of a facsimile transmission, upon transmission and, in the case of a letter, forty-eight hours after posting. In proving service by letter, it shall be sufficient to show that the envelope containing the notice was properly addresses and stamped and duly posted.

12.10 The Contract shall be governed by English Law.

12.11 The parties irrevocably submit to the exclusive jurisdiction of the English Courts.

13. Third Party Rights.

For the avoidance of doubt save as expressly provided herein nothing in these Conditions shall confer on any third party and benefit of the right to enforce any provision of the Conditions.

DATA PROTECTION INFORMATION

‘’We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquires about the principal directors with a credit refer-ence agency.’’

‘’We will monitor the record information relating to your trade performance and such records will be made availa-ble to credit reference agencies, who will share that information with other businesses in assessing for credit and fraud prevention.’’

‘’We will monitor the record information relating to your trade performance and such records will be made availa-ble to other organisations to assess applications for Credit.’