Section 1- General Terms and Conditions A-C 1/3

Section 1
General Terms and Conditions

A. General
A-C
1. Biro Klasifikasi Indonesia (BKI) is an independent organization providing worldwide survey and
technical certification services.

2. BKI acts impartially and objectively.

3. The right of interpretation of their technical Rules rest with BKI alone.

4. The respective latest version of the General Terms and Conditions as well as the pertinent
technical Rules are applicable to all services rendered by BKI, including those rendered within the scope of
their statutory functions, even if no separate agreement has from case to case been reached regarding their
applicability. Where contractual relations are established between BKI and any persons other than the
client, the relevant technical Rules and the provisions of G.1. to 6. below shall also apply to such third
parties.

5. BKI also provides technical analyses services.

B. Reservation Clause

1. No confirmation or certification (certificates) with regard to compliance of technical facts or

products with the technical Rules issued by BKI shall be given or issued by anybody other than BKI.

Without relevant certificates being issued by BKI, no statements shall be made to the effect that the product
in question was manufactured in accordance with the Rules of BKI.

2. A confirmation given or certificate issued shall not release the client from his contractual obligations
towards third parties.

3. Certificates are issued by BKI subject to withdrawal at any time. The right of withdrawal may, for
instance, be exercised in the event of adaptations of the technical Rules to the state of the art or of
the client failing to comply in due time with conditions or instructions issued by BKI

C. Scope and Performance

1. The kind and scope of services rendered by BKI are based on the relevant agreements concluded
and always, in the absence of an express special agreement, on the Rules for Classification and Surveys
applicable at the time of Class inspections and/or surveys and, with respect to the review of construction
documents, on the Rules for Construction of BKI applicable at the time the contract was made between the
shipyard and the ordering party of the vessel.

Safety relevant changes to the Rules for Construction made after the date of the contract between the ship-
yard and the ordering party shall be taken into consideration.

With respect to flag state inspections the relevant regulations shall apply.

2. It is the client's obligation to ensure that the services of BKI can be rendered smoothly and without
delay. Therefore, all such preparations as required to conduct the survey and audit are to be made by the
client in accordance with the requirement of the Rules. BKI shall, to the extent requested scope, be granted
unrestricted access and the right of survey and audit.

BKI Rules for Classification and Surveys - 2012

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Any information, drawings, etc. required for performance of the functions and activities of BKI shall be made
available in due time.

3. Before BKI personnel starts to work, the client shall inform BKI about relevant safety issues and be
responsible to take all necessary safety related measures to ensure a safe work environment for the
persons carrying out the work for BKI and shall comply with all legal and other safety regulations.

4. When BKI personnel on duty deems there is a lack of preparation or safe working environment or
fulfillment to applicable legal and safety regulations according to C.2. and 3, BKI personnel may decline to
work until such condition in existence.

Related to the provision of E., clients shall be accounted for delays taken place resulting from cases of
above.

5. The client acknowledges and consents to the fact that BKI may delegate work related to this
contract to partner of the BKI. BKI is responsible for delegated work in accordance with the provisions of this
contract.

6. BKI is only responsible for services it has delivered directly or through its partners.

C-G
D. Confidentiality

BKI will treat as confidential any documentation and information received in connection with orders placed
with BKI. Such documentation and information may be passed on to third parties solely with prior written
consent of the party entitled thereto.

The above is without prejudice to any obligations towards the authorities of the State of the Flag.

E. Fees

For services rendered by BKI fees are to be paid in accordance with the BKIs Tariffs of Fees, even if no
classification is granted. In addition to these fees, BKI will charge for any expenses incurred in connection
with the services rendered.

(e.g. travelling or other expenses and, where applicable, any value added / turnover tax).

F. Payment of Invoices

The fees for all services rendered by BKI are due for payment without deduction not later than 28 (twenty
eight) calendar days after the date of received Invoice. On default BKI entitled to withhold next survey,
Certificates and other documents.

G. Liability and Jurisdiction

1. BKIs omission or failure to carry out or observe any stipulation, condition or obligation to be
performed to the contract will not give rise to any claim against BKI or be deemed to breach the contract if
the omission or failures arises from caused beyond BKI reasonable control.

2. BKI will be liable for loss or damage, if it proved that the loss resulted directly from an act or
omission of the BKI done. The liability of BKI shall be limited in its amount up to maximum of the fee for that
particular service.

3. Rights to Claims of the client for defects as to quality shall become time barred 3 (three) months
after acceptance by the client of the performance by BKI of its obligations.

4. Any disputes arising from the interpretation and implementation of the contract shall be settled so
far as possible by negotiation with deliberation.

BKI Rules for Classification and Surveys - 2012

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5. The place of performance for all obligations resulting from or in connection with the respective
order from the client is in Pengadilan Negeri Jakarta Utara and the governing law is Indonesian Law.

6. The exclusive place of jurisdiction for claims against BKI is in Pengadilan Negeri Jakarta Utara. BKI
is entitled to sue the client before the courts in Pengadilan Negeri Jakarta Utara.

H. Disagreement
G-H
1. In the event that individual provisions of the contract between BKI and the client or these General
Terms and Conditions are or become partly or as a whole ineffective, this will not affect the effectiveness of
the remaining terms.

2. In the event of doubts as to the interpretation of the present General Terms and Conditions, the
Bahasa Indonesia text shall be authoritative.

BKI Rules for Classification and Surveys - 2012