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QUOTATION

HP800 CONE CRUSHER

SYDVARANGER MINE

QUOTATION NO.:

7814-2007

DATE:

5 DECEMBER, 2007

www.metsominerals.com
www.metsominerals.com
QUOTATION HP800 CONE CRUSHER SYDVARANGER MINE QUOTATION NO.: 7814-2007 DATE: 5 DECEMBER, 2007 www.metsominerals.com
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Company Name Address Address Tel: Fax:
Company Name
Address
Address
Tel:
Fax:

Attention:

Reference:

Sydvaranger Project

Dear:

We thank you for your quotation request for the Cone Crusher for the Sydvaranger Mine Project. We are pleased to offer from our range of equipment, Metso Minerals HP800 Cone Crushers.

This quotation is based on Metso Minerals standard scope of supply, specifications, and Terms and Conditions. In addition, please find attached:

Technical Scope of Supply Field Service Rates General Arrangement Drawings

We trust you will find the enclosed submission satisfactory. Should you require any further information or have questions, please feel free to contact us.

Sincerely,

Metso Minerals (Tampere) Oy

Ari Jaakonmäki

VP, Mining Crushers

Tel:

+358 2048 4142

Fax:

+358 2048 44207

Mobile:

+358 40 507 9961

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TABLE OF CONTENTS

PROPOSAL VALIDITY

4

1.0

SCOPE OF SUPPLY AND PRICING

5

1.1 CRUSHER w/o OPTIONS 5

5

1.3 CONSOLIDATION AND EXPORT PACKAGING 5

1.4 DELIVERY 5

1.2 FIELD SERVICE

2.0

OPTIONS - DRIVE & DRIVE COMPONENTS

6

2.1 CRUSHER

DRIVE

MOTOR

6

2.2 CRUSHER DRIVE GUARD

6

3.0

OPTIONS - AUTOMATION CONTROL

7

3.1 CRUSHER AUTOMATION

 

7

3.2 AUTOMATION STARTUP SUPPORT

8

3.3 FEED MONITORING

 

8

4.0

PROPOSAL TERMS AND CONDITIONS

9

4.1 PRICE

 

9

4.2 TAXES

9

4.3 PAYMENT TERMS

9

4.4 WARRANTY 9

4.5 DELIVERY TERMS AND MANUFACTURING TIME

10

4.6 SHIPMENT

10

4.7 QUALITY ASSURANCE 10

10

4.8 SPARE PARTS

4.9 DRAWING SUBMISSION SCHEDULE 10

4.10 DRAWING: FORMAT AND TAGGING OF EQUIPMENT AND INSTRUMENTS

11

4.11 EXPORT CONTROL

11

5.0 STANDARD TERMS AND CONDITIONS OF SALE

12

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PROPOSAL VALIDITY

METSO MINERALS. (Seller) agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the Product(s) described below, subject to the terms and conditions set forth hereinafter.

PROPOSAL EXPIRATION AND NOTICE: This proposal will be deemed accepted only if signed purchase order is issued by Purchaser and received by Seller within thirty (30) days after the date shown above; otherwise, it shall have no effect.

The prices quoted in this proposal are firm based on acceptance of this proposal within thirty (30) days. However, due to the current volatility of steel cost and its availability, the equipment offered herein is subject to any applicable raw material surcharge(s) and would apply in addition to the prices offered. The raw material surcharge(s) may include, but are not limited to, increases in energy costs and metallic costs such as scrap steel, coke, and Ferro-alloys. In addition, Metso Minerals Industries, Inc. shall not be held liable for any equipment delivery delays resulting from delays in receipt of those raw materials needed for manufacture.

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1.0 SCOPE OF SUPPLY AND PRICING

1.1 CRUSHER w/o OPTIONS

Qty. 1

METSO MINERALS HP800 Cone Crusher as described in the attached technical scope of supply.

APPROXIMATE SHIPPING WEIGHT

68,584 kg

PRICE, FCA POINT OF MFG. PER CRUSHER

EUR €798,000.00

1.2 FIELD SERVICE

Qty. 1 Field Service Engineer for one trip only including air and living expenses, to provide advice during crusher erection and start up for ten (10) ten (10) hour days, not including Sundays.

Any additional time or trips will be invoiced and based on the attached Metso Minerals’Technical Services rate sheet (FORM E155-A) and terms and conditions.

The Metso Minerals warranty is VOID if Purchaser does not have a Metso Global Field Service Engineer supervise and approve the crusher start up and commissioning.

PRICE

PER CRUSHER

EUR €16,800.00

1.3 CONSOLIDATION AND EXPORT PACKAGING

Qty. 1-lot

Consolidation and export packaging for item 1.1. Additional options and spare parts quoted separately are not included.

Consolidation and export packaging PER CRUSHER

EUR €15,800.00

1.4 DELIVERY

Qty. 1-lot

Delivery for item 1.1 FAS Ports of Export (INCOTERMS 2000). Additional options and spare parts quoted separately are not included.

Estimated FAS Ports of Export (INCOTERMS 2000), PER CRUSHER

EUR €9,200.00

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2.0 OPTIONS - DRIVE & DRIVE COMPONENTS

2.1 CRUSHER DRIVE MOTOR

Qty. 1

600kW –1000 or 1200RPM Squirrel Cage Induction Motor

TEFC, 3.3 or 4.0 kV / 3PH / 50 Hz

125/200% starting and break down torque

1.15 SF, including jack shaft assembly per Metso Minerals’drive requirement

specifications Suitable for maximum elevation of 1,000 m.

PRICE, FCA POINT OF MFG. PER UNIT

EUR €118,880.00

2.2 CRUSHER DRIVE GUARD

Qty. 1-lot

Metso Minerals’designed crusher Drive Guards (conforming to OSHA and MSHA standards specification).

PRICE, FCA POINT OF MFG. PER UNIT

EUR €8,470.00

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3.0 OPTIONS - AUTOMATION CONTROL

3.1 CRUSHER AUTOMATION

Qty. 1

PLC Control System – TC1000-C PLC based (Allen Bradley) Crusher Automation System.

Design: Consists of the layout of hardware and wiring utilizing an Allen Bradley SCL 5/05 programmable controller and a computer running RSView © 32™ Runtime HMI software.

Programming: Consists of the development of application specific software to control the cone crusher. The programming will be consistent with Metso Minerals' process control philosophy and monitoring control logic for the cone crusher.

Fabrication: Consists of the following enclosure containing the following items mounted, pre-wired to terminals and tested, according to our normal standards.

PLC Enclosure One (1) NEMA 12 free standing control cabinets containing the following:

One (1) SLC 5/05 PLC processor with embedded Ethernet communications.

One (1) 13 slot PLC rack.

One (1) high capacity power supply for PLC.

Two (2) 100/120 VAC 16 point input cards.

One (1) 16 point isolated input cards.

Two (2) 16 point isolated relay output cards.

Two (2) 16 point analog input cards.

One (1) 4 point analog output card.

One (1) 4 port switch/modem

All PLC I/O and control to be wired to terminals and labeled with "Brady" machine-printed self-adhesive wrap-around wire tags.

Human Machine Interface One (1) HMI computer consisting of 2.4GHz Pentium 4 processor or higher, 512 Mb RAM or higher, 40Gb hard drive or higher and 19" monitor or larger. Computer is installed with Windows XP Professional, and Rockwell RSView32 Runtime operator interface software.

Included in the crusher automation scope of supply:

Temporary set up and test of the system prior to shipment, including connection of all communication cables between the PLC and all remote expansion modules, Ethernet connection to the MMI from the PLC, and testing all communications. Upon request, purchaser may witness a one (1) day simulation test of the crusher automation system. Any additional tests will be billed on a time and material basis ($T&M). Purchaser must notify Metso Minerals at time of order placement if witness test is required.

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OPTIONS –AUTOMATION CONTROL (Cont’d)

NOT included in the crusher automation scope of supply:

Installation of the PLC enclosure. Cabling from PLC enclosure location to the crusher and its auxiliary components. Ethernet cabling and installation from the HMI— display station located in the control room to the PLC location. Expansion of the control system to control other machines. Interfacing with other PLC or plant DCS systems.

PRICE, FCA POINT OF MFG. PER CRUSHER

EUR €32,200.00

3.2 AUTOMATION STARTUP SUPPORT

Qty. 1

Field Technician to provide installation advice and start up, of automation system for one trip including travel and living expenses, for ten (10) ten (10) hour days.

Any additional time or trips will be invoiced and based on the attached Metso Minerals’ Technical Services rate sheet (FORM E155-A) and terms and conditions.

PRICE

PER CRUSHER

EUR €16,800.00

3.3 FEED MONITORING

Qty. 1

Cavity level sensor to enable monitoring of material level within the crusher cavity.

PRICE

PER CRUSHER

EUR €4,900.00

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4.0 PROPOSAL TERMS AND CONDITIONS

4.1 PRICE

The purchase price for equipment only is as stated above.

Unless otherwise noted, the price does not include any costs for performance letters of credit, warranty letters or any other securities. The cost of any and all securities is to be added to the sell price of the equipment.

4.2 TAXES

Any applicable duties and sales, use, excise, value-added, and/or similar taxes will be added to the price and invoiced separately unless an acceptable exemption certificate is furnished.

4.3 PAYMENT TERMS

Irrevocable letter of credit, confirmed by a prime European Bank, payable upon presentation of documents to support the following milestones: -

10% - Upon submittal of the General Arrangement drawings for approval

40% - Upon rough machining of the main frame and adjustment ring

35% - Upon final machining of the main frame and adjustment ring

15% - Upon notification of readiness to ship

All payments due net 30 days.

Unless otherwise stated, all payments shall be in Euro on or before the date of delivery and if partial shipments occur, each such partial shipment shall be considered delivery, and a pro rated payment shall become due as each such partial shipment is made. If shipment is delayed by the Purchaser, the date of readiness for shipment shall be deemed to be the date of delivery for payment purposes. On late payments, the contract price shall, without prejudice to Seller's right to immediate payment, be increased by 1.5% per month on the unpaid balance, but not to exceed the maximum permitted by law.

4.4 WARRANTY

Twelve (12) months from start-up/commissioning or eighteen (18) months from date of notification of readiness for shipment, whichever occurs first. This warranty is VOID if Purchaser does not have a Metso Minerals Global Field Service Engineer supervise and approve the crusher start up and commissioning.

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PROPOSAL TERMS AND CONDITIONS (Cont’d)

4.5 DELIVERY TERMS AND MANUFACTURING TIME

Delivery terms shall be FCA Points of Manufacture (INCOTERMS 2000), unless otherwise agreed. Crusher will be manufactured in approximately 36-40 weeks, subject to prior sale, from the date of receipt of Purchaser’s acceptance of this Agreement and or information required of Purchaser to commence manufacture.

4.6 SHIPMENT

When Purchaser is responsible for shipment, shipment of equipment shall take place within thirty (30) days of the readiness to ship notification provided by Metso Minerals. If shipment is delayed beyond thirty (30) days, then storage charges in the amount equal to 1.5% of the total Contract Price shall be added to the Contract Price for each week beyond the thirty (30) days no-charge storage allowance.

4.7 QUALITY ASSURANCE

Metso Minerals Quality Plan shall govern the processing, manufacturing, and documentation of the purchase order / contract arising from this proposal. Price and delivery offered in this proposal is based on components and assemblies that may already be in the “work in progress”/ manufacturing process. Upon request, Metso Minerals will repeat non-destructive testing (testing shall be performed in accordance with Metso Minerals requirements) that has already been carried out. However, the Purchaser shall be responsible for any cost and delivery implications arising from such request.

Any additional project or contract specific quality requirements must be mutually agreed upon and any additional expenses related to those QA requirements shall be borne by the Purchaser. If the delivery date of the equipment is affected by the additional QA requirements, then the final delivery shall be adjusted accordingly.

4.8 SPARE PARTS

Spare parts prices, if provided, are budgetary estimates only. Prices are based on FCA Points of Manufacture (INCOTERMS 2000) basis. Spare parts prices do not include any export packaging; add 5% to the spare parts price for export packaging. Spare parts prices are based on earliest availability to ship.

4.9 DRAWING SUBMISSION SCHEDULE

General Arrangement, Suggested Foundation, and Unbalanced Forces drawings are to be submitted within four (4) weeks at the earliest after receipt of order. Remaining installation type drawings are to follow thereafter. Schedule for drawing submission is dependent on resource utilization at time of order placement and is to be confirmed after receipt of order.

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PROPOSAL TERMS AND CONDITIONS (Cont’d)

4.10 DRAWING: FORMAT AND TAGGING OF EQUIPMENT AND INSTRUMENTS

All drawings and documents required to be submitted in electronic format shall be in Adobe Acrobat PDF file format regardless of the original file type. Drawing templates which are deemed helpful, by Metso Minerals, to the Purchaser for use in plant and site layout shall be submitted in AutoCAD DWG file format.

Project / contract specified equipment and instrument tag numbers shall be incorporated into Metso Minerals’Instrument List and P&ID drawing only. Project / contract specified equipment and instrument tag numbers will not be incorporated into any other drawings supplied by Metso Minerals. If the project / contract specified equipment and instrument tag numbers are required to be incorporated into other drawings supplied by Metso Minerals, then additional time required to update drawings shall be charged at Metso Minerals’standard engineering rate of USD

$100/hr.

4.11 EXPORT CONTROL

Metso Minerals' performance under any contract is contingent upon the issuance of any required export license or other necessary government authorization. Metso Minerals has the right to terminate without liability any proposal, order or contract if Metso Minerals determines such sale, export or delivery violates applicable law. Termination will not affect the right of Metso Minerals to recover the contract price for any unpaid goods already delivered. Buyer shall not export or re-export any Crusher including all accessories in violation of applicable law.

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5.0 STANDARD TERMS AND CONDITIONS OF SALE

Definitions:

"Metso": the Metso Minerals legal entity selling the Product(s) "Purchaser": the legal entity purchasing the Product(s) "Products": equipment and/or spare parts

1.

METSO AGREES TO SELL THE PRODUCT(S) AT THE AGREED PRICES CONDITIONED UPON PURCHASER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS GOVERN ALL SALES INCLUDING ORDERS PLACED ELECTRONICALLY. IF THIS DOCUMENT IS CONSTRUED AS AN ACCEPTANCE OR AS A CONFIRMATION OF AN EXISTING CONTRACT, SUCH ACCEPTANCE OR CONFIRMATION IS EXPRESSLY CONDITIONED ON THE PURCHASER'S CONSENT TO ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN THESE STANDARD TERMS AND CONDITIONS.

2.

SCOPE. The scope of Product(s) sold by Metso is exclusively described in Metso's specification of products attached or referred to in this sale and purchase of Product(s). Unless otherwise agreed, in writing, the scope does not include any services of Metso including, but not limited to, installation or start-up of the Product(s).

3.

PRICE. Prices do not include any taxes or charges. All payments shall be in Euro and paid within thirty (30) days of the date of invoice unless otherwise agreed. Partial shipments are permitted. Each partial shipment shall be considered delivery, and a pro rata payment shall become due as each partial shipment is made. If shipment is delayed by Purchaser, the date the shipment is ready shall be deemed to be the date of delivery for payment purposes and Metso reserves the right to store the Product(s) at Purchaser's risk and expense. If Purchaser fails to pay by the due date, Metso shall be entitled to interest at a rate of 1% per month on the total price for the Product(s). THIS SALE OF PRODUCT(S) IS SUBJECT TO CREDIT APPROVAL.

4.

DELIVERY. The Product(s) shall be delivered Ex Works (per Incoterms 2000). In no event shall Metso be liable for delays in delivery.

5.

LIABILITY FOR DEFECTS

5.1. Subject to the provisions of Sections 5.1-5.14 below, Metso shall repair or replace any defect in the Product(s) resulting from faulty materials or workmanship in the Product(s).

5.2. Metso's liability for Products, excluding spare parts, is limited to defects which appear within a period of twelve (12) months from delivery. If the daily use of the Product(s) exceeds what is agreed or stipulated by Metso, this period shall be reduced proportionately.

Metso's liability for spare parts is limited to defects which appear within six (6) months from delivery. If the daily use of the spare parts exceeds what is agreed or stipulated by Metso, this period shall be reduced proportionately.

5.3. The Purchaser shall promptly notify Metso in writing of any defect. Such notice shall under no

circumstance be given later than two (2) weeks after the expiry of the period given in Section 5.2.

The notice shall contain a description of the defect.

If the Purchaser fails to notify Metso in writing of a defect within the limits set forth in the first paragraph of this Section 5.3, the Purchaser looses the right to have the defect remedied.

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Where the defect is such that it may cause damage, the Purchaser shall immediately inform Metso in writing. The Purchaser shall bear the risk of damage resulting from his failure so to notify.

5.4. On receipt of the notice under Section 5.3 Metso shall repair or replace the defect without undue delay and at Metso's cost as stipulated in Sections 5.1-5.14.

Unless Metso deems it appropriate that the repair or replacement shall be carried out where the Product(s) is located, all defective parts or Products shall be returned to Metso for repair or replacement.

Metso shall carry out dismantling and re-installation of the defect part if this requires special knowledge and tools. If such special knowledge and tools are not required, Metso has fulfilled its obligations in respect of a defect when Metso delivers to the Purchaser a repaired or replaced part or Product(s).

5.5. The Purchaser shall at his own expense arrange for any dismantling and reassembly of equipment, other than the Product(s), to the extent that this is necessary to remedy the defect.

5.6. Unless otherwise agreed, necessary transport of the Product(s) and/or parts thereof to and from

Metso in connection with the remedying of defects for which Metso is liable shall be at the risk and expense of the Purchaser. The Purchaser shall follow Metso's instructions regarding such transports.

5.7. Unless otherwise agreed, the Purchaser shall bear any additional costs which Metso incurs for

repair, dismantling, installation and transport as a result of the Product(s) being located in a place other than the destination stated in the contract or - if no destination is stated - the place of delivery.

5.8. Defective parts which have been replaced shall be made available to Metso and shall be Metso property.

5.9. Metso is not liable for defects arising out of materials provided by, or a design stipulated or specified by the Purchaser or resulting from defective preparatory work carried out by the Purchaser.

5.10.Metso is liable only for defects which appear under the conditions of operation stipulated by Metso or agreed in writing between the parties and under proper use of the Product(s).

Metso's liability does not cover defects which are caused by faulty maintenance, incorrect installation or faulty repair by the Purchaser, or by alterations carried out without Metso's consent in writing.

Metso's liability does not cover normal wear and tear or deterioration.

© Metso Rev 1, 2006 (EUR/WW)

5.11. If the Purchaser has given notice of defect and no defect is found for which Metso is liable, Metso

shall be entitled to compensation for the costs Metso has incurred as a result of the notice. 5.12.When a defect in a part of the Product(s) has been remedied, Metso shall be liable for defects in the repaired or replaced part under the same terms and conditions as those applicable to the original Product(s) for a period of twelve (12) months. For the remaining parts of the Product the original period of liability will apply.

5.13.Notwithstanding the provisions of Sections 5.1-5.12 Metso shall not be liable for defects in any part of the Product(s) for more than two years from the beginning of the period given in Section 5.2.

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5.14.Save as stipulated in Sections 5.1-5.13, Metso shall not be liable for defects in the Product(s). This applies to any loss the defect may cause including loss of production, loss of profit and consequential or other indirect loss.

6. GROUNDS FOR RELIEF

6.1.The following circumstances shall be considered as grounds for relief if they delay or impede the performance of the Contract or makes performance unreasonably onerous: industrial disputes and any other circumstance beyond the control of a party such as fire, war, mobilization or military call up of a comparable scope, requisition, seizure, currency restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance as referred to in this Clause. The above-described circumstances shall constitute grounds for relief only if their effect on the performance of the Contract could not be foreseen at the formation of the Contract.

6.2.The party intending to claim relief under Clause 6.1 shall inform the other party by written notice without delay on the occurrence and on the cessation of such circumstance.

If grounds for relief prevent the Purchaser from fulfilling his obligations, he shall reimburse the Contractor for costs incurred in securing and protecting Product(s). The Purchaser shall also reimburse Metso for costs incurred for personnel, sub-contractors and equipment which, with the consent of the Purchaser, is held in readiness to resume work.

6.3. Notwithstanding other provision of these terms and conditions, each party shall be entitled to

terminate this sale and purchase of Product(s) by written notice to the other party if performance of the respective undertakings are delayed more than six (6) months by reason of any grounds for relief as described in Clause 6.1.

7. INTELLECTUAL PROPERTY

7.1. Metso shall pay costs and damages finally awarded by a court or in an arbitration proceeding against Purchaser to the extent based upon a finding that the design or construction of the Product(s) as delivered infringes a patent or copyright in the country where the Purchaser is located (except infringement occurring as a result of incorporating a design or modification at Purchaser's request) provided that Purchaser promptly notifies Metso of any charge of such infringement, and Metso is given the right at its expense to settle such charge and to defend or control the defence of any suit based upon such charge. THIS SECTION SETS FORTH METSO'S EXCLUSIVE LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY.

7.2. All drawings, specifications, data, software, firmware, manuals, instructions, documentation or other

works of authorship furnished by Metso to Purchaser are copyrighted property of Metso or its suppliers, and are to be used by Purchaser only for the purpose of installing, operating, maintaining and repairing the Product(s). Such works and data may not be otherwise used or reproduced or disclosed. Metso or its suppliers retain all right, title and interest in and to its and their inventions, discoveries, concepts, ideas or other intellectual property embodied in or related to its Product(s).

8. INDIRECT AND CONSEQUENTIAL LOSSES. There shall be no liability for either party towards the other party in this sale and purchase of Product(s) for loss of production, loss of profit, loss of use, loss of contracts or for any other consequential, or indirect loss whatsoever.

9. PURCHASER'S PERMITS, APPROVALS, DATA. Purchaser shall provide and pay for all permits and licenses required for the completion of installation and operation of the Product(s). Purchaser shall

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provide and pay for all necessary recovery, treatment, registration and reporting measures of electronic, electrical and other waste and hazardous substances.

Timely performance by Metso is contingent upon Purchaser's supplying to Metso, when needed, all required technical information and data, including drawing approval, and all required commercial documentation.

10.RETENTION OF TITLE. The Product(s) shall remain the property of Metso until paid for in full to the extent that such retention of title is valid under the applicable law.

The Purchaser shall at the request of Metso assist Metso in taking any measures necessary to protect Metso's title to the Product(s) in the country concerned.

The retention of title shall not affect the passing of risk under the applicable delivery terms.

11. REJECTION OF GOODS. All claims giving rise to the rejection of Products must be made by the Purchaser in writing within a period of seven (7) business days after the Product(s) are delivered. Failure to make such claim within the stated period shall constitute an irrevocable acceptance of the Product(s).

12. FOUNDATIONS. Purchaser shall be solely responsible for foundations and their construction required for the Product(s). Any foundation plans furnished by Metso shall be considered examples only, and Metso assumes no responsibility for foundation adequacy or for any direct or indirect damages whatsoever incurred as a result of inadequate foundations or reactions to foundations of Product(s).

13. DISPUTES AND APPLICABLE LAW

13.1. All disputes arising out of or in connection with this sale and purchase of Product(s) shall be referred to a court which exercises civil jurisdiction in the place where Metso has its domicile.

13.2. This sale and purchase of Product(s) shall be governed by the substantive law of the country in

which Metso has its domicile