4. Terms of payment

4.1. Payment under this Contract shall be effected by the Buyer in USD in the amount specified in Clause 2.3.

4.2. Payment for the Product(s) ordered in accordance with Clause 3.2 will be made by bank transfer within 30 banking days from the date of the Buyer signing and returning to the Seller the invoice referred to in Clause 3.3.

4.3. All expenses incurred by the Buyer, including without limitation banking and foreign exchange expenses are the sole responsibility of the Buyer. All taxes, including without limitation any withholding tax, are the responsibility of the Buyer.

4.4 Before signing this Contract the Seller should submit to the Buyer the 2005 Apostile issued by the authorized body of the South African Republic certifying that the Seller is a tax payer in accordance with the SAR law.

5. Guarantee and quality of the product(s)

5.1. The warranties set out in the Terms and Conditions attached as Appendix No.2 to this Contract are the sole and exclusive warranties provided by the Seller. No other representations, warranties, guarantee or conditions are provided.

6. Force - majeure

6.1. Should any circumstances arise which prevent the complete or partial fulfillment by any of the Parties of their respective obligations under this Contract namely: fire, flood, earth-quake and other natural calamities, strikes influencing fulfillment of the Parties obligation, and lockouts, the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which circumstances will remain in force.

6.2. If the above circumstances continue to be in force for more than 3 months each Party shall have the right to renounce to any further fulfillment of this Contract and in such case neither of the Parties shall have the right to make a demand upon the other Party for compensation of any possible damages. But the Client has right to get back any advance payment for non-delivered Product(s) due to Force Majeure.

6.3. The Party, for whom it becomes impossible to meet its obligations under this Contract, shall immediately advice the other Party as regards the beginning and the cessation of the circumstances preventing the fulfillment of the obligations.

6.4. Certificates issued by the respective Chamber of Commerce of the Performers’ or Clients’ country shall be sufficient proof of such circumstances and their duration.

7. Documentation

7.1. Within 24 hours after shipping the Product(s), the Seller shall send to the Buyer by fax notification details about shipment which will include a copy of the information referred to in Clause 8.2.

7.2. The Product(s) will be shipped by the Seller along with the following documents set:

- Invoice - 2 originals and 2 copies;

- Packing lists - 2 originals and 2 copies;

- Courier-waybill - 1 original and 2 copies; and

- Certificate of Origin - 1 original; 2 copies.

8. Transfer restrictions

8.1. The Product(s) is licensed only to the Buyer and may not be transferred to anyone without the prior written consent of the Seller. Any authorized transferees of the Product(s) will be bound by the terms and conditions of the License Agreement. In the event that the Product(s) is transferred to a location other than permitted by the Seller in writing, the Buyer must notify the Seller in writing prior to the transfer taking place who may withhold its consent, in its absolute discretion. In no event may the licensee transfer, assign, rent, lease, sell or otherwise dispose of the Product(s) on a temporary or permanent basis except as expressly provided herein.