AdSpec Pricing and Terms
(Bulk Sales)

Effective
April 1,1998

This statement of pricing and terms is provided by Advanced Specialty Chemicals Co., LC (AdSpec) as an offer to sell, and is subject to change without notice. AdSpec is an Oklahoma Limited Liability Company and a supplier of ethyl mercaptan (Percap™ 355). Buyer is a purchaser of ethyl mercaptan.

PRICE AND PAYMENT: Contact AdSpec at 1-800-494-7732 for the current price for bulk delivery of Percap™ 355. The Price to Buyer is F.O.B. point of delivery and excludes any applicable sales, use, excise or similar taxes. AdSpec will invoice for each shipment of Percap™ 355 to Buyer after delivery. Payment shall be made by Buyer directly to AdSpec within thirty (30) days of invoice date.

TITLE, TRANSPORTATION, AND DELIVERY: AdSpec will schedule and arrange for the delivery of shipments at the time and place reasonably required by Buyer. AdSpec asks for a four-week advance notice of desired deliveries if possible. Trained operators will transfer Percap™ 355 to Buyer's storage tank in a safe and odor-free manner by a closed loop loading system. Title and risk of loss shall be borne by AdSpec until delivery of product.

WARRANTY: The purity of Percap™ 355 supplied by AdSpec will be a minimum of 98.5 wt% ethyl mercaptan and meet other specifications included in the current AdSpec product data sheet. For each tank trailer shipment, AdSpec will keep a liquid sample of Percap™ 355 for three (3) years and a certificate of analysis (COA) for ten (10) years. A copy of the COA will be provided to Buyer with each shipment. This warranty is in lieu of and excludes all other warranties, expressed or implied, including the warranties of merchantability and fitness for a particular purpose.

The product quality and service provided by AdSpec to Buyer will meet or exceed industry standards for ethyl mercaptan quality and delivery. In no event shall AdSpec be liable for any loss of use or for any other indirect, consequential, incidental or other damages or losses if it is not able to deliver product.

GENERAL: This offer constitutes the entire agreement among the parties and may not be amended, by course of dealing or otherwise, except by written agreement of the parties. This offer shall be construed and enforced in accordance with the laws of the State of Oklahoma. In the event any dispute arises over the enforcement or construction of this offer, other than for the payment of amounts owed by Buyer to AdSpec, AdSpec and Buyer agree to submit the dispute to binding arbitration in accordance with rules and procedures established by the American Arbitration Association. Alternatively, voluntary non-binding arbitration may be pursued if agreed to by the parties.

Copyright © 1998
Advanced Specialty Chemicals Co., LC
320 South 29th Street, P.O. Box 310
Blackwell, Oklahoma 74631 U.S.A.
(580) 363-0000