In case of any notable change in the currency rate used in invoicing the Seller is entitled to adjust all prices accordingly with an immediate effect after the change has officially been announced.
The quarries produce blocks in all price and size categories which results that also the orders respectively must include blocks of all categories. The seller is entitled to reject orders which are made for standard size blocks or large blocks only. Also for the long-range planning it will be necessary to widen the deliveries to cover an entire selection of the available materials and not to concentrate on one or two materials only.
The blocks are measured and sold with an approximate working allowance of 5 cm. The prices on the price list are for stock blocks only. In case of special blocks or blocks with fixed sizes the Buyer must contact the Seller to ensure that the quarry conditions and the technical possibilities allow production of such blocks. The special price blocks will be priced separately. The additional price on the fixed size blocks will be 10 % per each dimension fixed, which means that if two dimensions are given exact the extra charge is 20 %. Also it must be noted that even if the size is fixed the quarrier is entitled to an allowance of up to 10 %.
The samples supplied by the Seller represent only an average appearance of the colour and structure of the material and do not therefore entail any commitment. The various types of the Finnish granites are comparatively uniform and homogenous but as it is a question of natural products there may appear some slight variations in colour or structure. The seller cannot take the responsibility of the possible defects inside the blocks. Regarding the wrong measurements, open veins and larger colour variations on the outside surface the Buyer has to apply for compensation for the defective part of the material either to the Seller or his representative. The block or the slab, for which the Buyer has asked for compensation for over 50 % must be stocked for 6 months for controlling by the Seller/representative. The claims will be compensated in new material and on the FOB-value basis only. All claims must be made within 12 months from the date of the invoice The blocks claimed for must be recognizable from their shipping marks / stock numbers. The Buyer is not entitled to cancel the purchase totally or in parts because of defective material or unsatisfactory shape. The quality control and measuring of the blocks will be made by the Seller in Finland and therefore it will not be necessary for the Buyer to make control before the shipments.
Payment shall be effected against shipping documents or an Irrevocable Letter of Credit if not agreed otherwise with the Seller. On overdue payments an annual interest of 18 % will be charged (equal to 1,5 % per month).
If, before the delivery, there should be reason to believe that the Buyer might not be able to fulfill payment, the Seller is entitled to claim security. Should security, acceptable to the Seller, not be given without delay, the Seller has the right to cancel the purchase.
The blocks and goods supplied remain the property of the Seller until fully paid for. This will apply also to possible unpaid freights paid by the Seller which in such a case form a part of the value of the blocks. The blocks will remain the Seller's property until also the freight is fully paid.
The commercial terms applied in the agreements, such as offers, orders, order confirmations or else are to be interpreted in accordance with the international rules for interpretation of the commercial terms (Incoterms), set up by the International Chamber of Commerce, and valid at the date of the agreement.
All risks involved regarding the possible overweight on blocks, the breakage or other with the delivery of the goods, transportation, handling and manufacturing will be outside of the Seller's responsibility after the departure from a Finnish port.
Vinkkilä, Finland, January 1st, 1999
FINSKA STENINDUSTRI AB