Terms and Conditions of Sale.

DRAFT for attorney review. Not in effect until approved.

Formation

An order placed online is an offer by the buyer. A contract is formed only when Atrum Energy issues written confirmation. Every order is subject to availability and credit approval.

Price lock

A locked price is valid only for the lock window shown at the time of the order, and remains subject to written confirmation, availability and credit approval.

Delivery: FOB

Delivery is FOB (Incoterms 2020) the named South Florida port, Port Everglades or Miami, unless the written confirmation states otherwise. The buyer arranges onward shipment unless quoted otherwise.

Payment

Payment is due in full in U.S. dollars before loading, by the methods stated in the confirmation, or by an operative irrevocable letter of credit.

Title and risk

Risk and title pass to the buyer when the product passes the loading flange of the receiving vessel at the loading port, unless the written confirmation states otherwise.

Quality and quantity

Quality and quantity are determined at the loading port by the certificates issued at loading. An independent inspector may be appointed if agreed in writing. Those certificates are final absent fraud or manifest error.

Claims

Any quality or quantity claim must be made in writing within 15 days after loading, with supporting documents and retained samples, or it is waived.

Limitation of liability

To the extent the law allows, neither party is liable for indirect or consequential loss or lost profit. Atrum Energy’s total liability for an order will not exceed the price paid for the product in question.

Compliance

The buyer represents that it, the product’s destination and its end use comply with all applicable trade and export laws, and will supply documents on request.

Force majeure

Neither party is liable for delay caused by events beyond its reasonable control.

Governing law and venue

Florida law governs, without regard to conflict of laws rules. Venue lies in the state or federal courts located in Florida.