GENERAL TERMS AND CONDITIONS OF SALE OF Zilverstroom Energy B.V.

registered on November 10th 2015 at the Dutch Chamber of Commerce.

1 Definitions

In these general terms and conditions of sale the following terms shall be given the following meanings:

“Buyer“: the person or company to whom Zilverstroom delivers goods and/or to whom Zilverstroom provides services or has agreed on this with Zilverstroom, as well as the person or company that has given Zilverstroom an order of another nature;

“General Terms and Conditions“: these general terms and conditions of sale.

“Zilverstroom“: Zilverstroom Energy B.V. and/or affiliated undertakings;

“Agreement“: any and all agreements between Zilverstroom and the Buyer relating to the purchase of goods and/or the take-up of services by the Buyer from Zilverstroom, as well as any other order that the Buyer gives to Zilverstroom, as well as any and all (juristic) acts relating to this; the term Agreement shall also be taken to mean a framework agreement for the purchase of goods and/or the take-up of services, whereby any part-delivery arising from the framework agreement must also count expressly as a (separate) Agreement.

2 Applicability

2.1 The General Terms and Conditions shall apply to all offers, quotations and advice from Zilverstroom, to the Agreement and to all other legal acts between Zilverstroom and the Buyer.

2.2 Departure from and/or supplements to the General Terms and Conditions can only be agreed upon expressly and in writing.

2.3 The Buyer’s General Terms and Conditions, howsoever referred to, shall not apply.

2.4 Where the content of the Agreement differs from the content of the General Terms and Conditions, the content of the Agreement shall prevail.

2.5 Notwithstanding Clause 2.2 Zilverstroom shall at all times be entitled to unilaterally amend or supplement the General Terms and Conditions. The amendments and/or supplements shall be binding on the Buyer from the moment that the Buyer is notified of these amendments and/or supplements in writing.

3 Offer /Formation of the Agreement

3.1 All (price) quotations and offers from Zilverstroom shall always be without obligation and can be revoked or amended by Zilverstroom at all times.

3.2 The Agreement shall only come into effect once Zilverstroom has confirmed an order or instruction from the Buyer in writing, or if Zilverstroom has commenced the execution thereof.

4 Prices

4.1 Unless expressly agreed otherwise in writing, the agreed prices shall be exclusive of Dutch VAT and other governmental taxes. Zilverstroom shall be entitled to charge the Buyer separately for costs associated with the delivery, installation, repair, replacement and dismantling of goods.

4.2 Unless expressly agreed otherwise in writing, the Buyer shall be charged the prices included in the latest offer/quotation issued at the moment the Agreement came into effect.

4.3 All prices charged by Zilverstroom shall be based on the price-determining factors that were known at the time of issuing the offer/quotation.

4.4 Zilverstroom shall be entitled to amend the prices or elements thereof for goods or services that have not yet been delivered and/or paid for, to reflect any changes in price-determining factors, such as prices of raw materials, wages, currency exchange rates, if three months have passed since the Agreement was signed. Any increase in Dutch VAT or other governmental tax may always be passed on.

4.5 Unless expressly agreed otherwise in writing, the prices shall be ex warehouse.

5 Payment/Security

5.1 Unless expressly agreed otherwise in writing, all Zilverstroom invoices must be settled within thirty (30) days of date of invoice, without any discount or setoff.

5.2 Zilverstroom shall be entitled to make partial deliveries and, in connection with those deliveries, to send part-invoices. Zilverstroom shall be entitled at all times to demand full or partial payment in advance for any delivery/provision of goods and/or services or any partial delivery or partial provision.

5.3 If the Buyer disputes the accuracy of an invoice from Zilverstroom, the Buyer must notify Zilverstroom in writing, stating the reason, within eight (8) days of invoice date, which shall be considered the due date.

5.4 Unless otherwise agreed in writing, payment shall be made in euro by bank transfer into an account to be nominated by Zilverstroom. Additional charges incurred by Zilverstroom as a result of payment by the Buyer in a currency other than euro shall be borne by the Buyer.

5.5 If the price is fixed in a currency other than euro, the corresponding amount in euro at the time of payment shall not be less than the price in euro at the time the Agreement came into effect.

5.6 In the event of late payment the Buyer shall be in default by operation of law in derogation from Clause 6.1 and shall owe statutory commercial interest (within the meaning of Section 6:119a of the Dutch Civil Code) with effect from the invoice date. For the purpose of calculating the interest payable, a part of a month shall be treated as a full month. If the Buyer fails to pay within the agreed period and is thus in default, all of its outstanding debts with Zilverstroom at that moment shall become repayable on demand.

5.7 The Buyer shall be obliged to pay all judicial and extra-judicial costs incurred by Zilverstroom due to the fact that the Buyer failed to comply with its obligations properly and on time. The amount due from the Buyer for extra-judicial costs shall be calculated according to the collection tariff as recommended by the Nederlandse Orde van Advocaten (Dutch Order of Lawyers), and will be at least EUR two hundred and fifty (EUR 250).

5.8 At first request from Zilverstroom the Buyer shall provide security – or additional security if applicable – for the payment by the Buyer of considerations (future and present) due to Zilverstroom. Zilverstroom shall be entitled, at its own discretion, to determine the form of security to be provided by the Buyer. If Zilverstroom has good grounds to fear that the Buyer shall be unable to fulfil its financial obligations and the Buyer refuses to provide (additional) security, Zilverstroom shall be entitled to suspend execution of the order, without prejudice to its statutory rights to suspend performance.

5.9 Payments by the Buyer shall be deducted first of all from charges and interest owed (in this order) and then from principal sums, with old debts taking precedence over new ones.

5.10 The Buyer shall not be entitled to offset its debt to Zilverstroom with a counterclaim against Zilverstroom.

5.11 In respect of goods delivered or services provided, as well in the event of claims as set out in Clause 8, the Buyer shall not be entitled to suspend its payment obligation(s).

6 Delivery/Transfer of risk

6.1 The agreed or quoted delivery times shall never be a final deadline, unless expressly agreed otherwise. If the delivery time is exceeded this shall therefore not constitute a default on the part of Zilverstroom and can thus not lead to an obligation to pay damages on the part of Zilverstroom. The Agreement cannot be dissolved on account of the delivery time being exceeded, unless Zilverstroom fails to deliver – after the expiry of the delivery period – within a reasonable time period, as notified by the Buyer in writing. A reasonable time period within the meaning of the previous sentence shall be at least one (1) month.

6.2 The Buyer is obliged to take delivery.

6.3 Unless expressly agreed otherwise in writing, goods shall be delivered by Zilverstroom “ex works”, as set out in the Incoterms 2010 or at any rate the most recent version of the Incoterms at the time of signing the Agreement.

6.4 In all cases, unless expressly agreed otherwise in writing, the moment that the goods are presented for transport, to be delivered to the Buyer, shall be considered as the time of delivery. The goods shall be loaded for transport and carried at the Buyer’s risk and expense.

6.5 If the Buyer fails to take delivery of goods that have been presented for delivery in accordance with theAgreement (or if the Buyer fails to do so on time), for whatever reason, all costs incurred in vain by Zilverstroom, in connection with the presentation for delivery of the goods, plus (if any) additional costs of carriage, safekeeping and storage, shall be borne by the Buyer. Transfer of risk shall also take place when Zilverstroom presents the goods for delivery in accordance with the Agreement, even if the Buyer does not take delivery of the goods, for whatever reason.

7 Packaging

7.1 If, in departure from Clause 6.3 of the General Terms and Conditions, it has been agreed that Zilverstroom shall arrange the transport of the goods on behalf of the Buyer, the means of transport, dispatch, packaging etc. shall be determined by Zilverstroom, without Zilverstroom being liable, if no further instructions have been given to Zilverstroom by the Buyer, which were accepted by Zilverstroom in writing.

7.2 If packaging is being made temporarily available by Zilverstroom, the so-called “loan packaging”, such packaging shall remain the property of Zilverstroom, irrespective of the Buyer paying a deposit for the loan packaging supplied by Zilverstroom.

7.3 The Buyer is not entitled to make the loan packaging available to third parties. The loan packaging may not be used for purposes other than its intended use. Buyer is not allowed to use (loan) packaging of Zilverstroom for (the mixing with) other substances, in any manner whatsoever.

7.4 The Buyer is obliged to return the loan packaging as soon as possible but ultimately within six (6) months of delivery by Zilverstroom to the Buyer, sorted, empty and undamaged. Loan packaging used in breach of Clause 7.3 above, cannot be returned by the Buyer. In the event of loss of, or damage to, the loan packaging, the Buyer’s claim to a refund of the deposit shall lapse and the Buyer shall be obliged to reimburse Zilverstroom for the loss or damage, minus the deposit.

8 Obligation to inspect/Claims

8.1 The Buyer shall be obliged to thoroughly inspect/check (or have someone else inspect/check) the goods delivered to it by Zilverstroom and/or the goods delivered (and as repaired) by Zilverstroom, immediately after delivery, to make sure they are correct and complete, in order to verify whether the goods comply with the Agreement. The inspection and/or check carried out by the Buyer shall be fit for purpose. It may include inter alia an odour check, and/or a visual inspection. If the goods delivered are to be used in chemical processes and/or are food additives, the Buyer shall be obliged to carry out (or have someone else carry out) a laboratory analysis in order to verify the composition of the delivered goods, unless this is not reasonably feasible for the Buyer.

8.2 Any and all details and information provided by Zilverstroom in its printed matter on, inter alia, the suitability and application of the delivered goods, shall be entirely without obligation, shall not be binding on Zilverstroom and shall not release the Buyer from its obligation to carry out its own checks and tests (or have someone else carry these out), as set out in Clause 8.1. The Buyer shall not be able to derive any rights from such information or from any other advertising claims used, disseminated or made available by or on behalf of Zilverstroom.

8.3 Technical application notes provided by Zilverstroom, are based on empirical data, and given to the best of its knowledge. Zilverstroom shall not be liable for any loss or damage suffered by the Buyer arising from such notes.

8.4 Any damage or loss of quality affecting the delivered goods shall be deemed to be caused by normal wear and tear or misuse by the Buyer, subject to proof to the contrary from the Buyer.

8.5 Complaints from the Buyer about an incorrect or incomplete execution of an order must be submitted to Zilverstroom in writing within eight (8) days of the date on which the goods were (or should have been) delivered or the services were (or should have been) provided, under penalty to the lapse of any right associated with a failure to perform.

8.6 The Buyer’s complaint must give a clear and accurate description of the alleged breach of Zilverstroom. Submitting a complaint shall not release the Buyer from its payment obligation.

8.7 The right to any claim shall lapse as a result of full or partial processing of the delivered goods by or on behalf of the Buyer, or if there is evidence that a defect has arisen in an item due to installation, dismantling or repair other than by or on behalf of Zilverstroom and/or which is otherwise wholly or partly the result of actions taken by or on behalf of the Buyer.

8.8 If Zilverstroom acknowledges a complaint, Zilverstroom shall, at its own discretion, either repair or replace the delivered goods or the services provided, or credit the purchase price paid by the Buyer for the delivered goods or the services provided, and take back the delivered goods.

9 Guarantee

9.1 Zilverstroom shall never be deemed to have assumed any guarantee obligation vis-à-vis the Buyer. Zilverstroom shall not, under any circumstances, be obliged to claim on behalf of the Buyer under the supplier’s guarantee that the supplier has issued in respect of any goods delivered by Zilverstroom to the Buyer. Zilverstroom shall, if appropriate and to the extent it can reasonably be expected of Zilverstroom, make reasonable attempts to enable the Buyer to claim under the relevant supplier’s guarantee.

10 Retention of title

10.1 All goods delivered by Zilverstroom shall remain the property of Zilverstroom until the Buyer has paid in full all sums owed to Zilverstroom pursuant to the Agreement and/or other agreements, including any interest and charges.

10.2 In the event of late payment by the Buyer, Zilverstroom shall be entitled to take back the goods that belong to Zilverstroom, without any authorisation needed and wherever these may be, at the Buyer’s expense. The Buyer shall be obliged to fully cooperate.

10.3 If there is any accession, confusion of property, specification or any other processing or treatment of the goods delivered to the Buyer under retention of title, as a result of which Zilverstroom loses, or might lose, title to a good, the Buyer shall, at Zilverstroom’s first request, cooperate as necessary to create a right of pledge (either non-possessory or not) on the goods in question for the benefit of Zilverstroom.

10.4 The Buyer shall be obliged to notify Zilverstroom immediately of any third-party attachment on goods delivered under retention of title.

10.5 The Buyer shall be entitled to sell and deliver the goods delivered under retention of title in the normal performance of its business, on the condition that the Buyer informs third parties, if applicable, in writing of Zilverstroom’s retention of title. Subject to the foregoing the Buyer shall never be entitled in any way to encumber and/or give on loan (for consumption) and/or part with the goods delivered under retention of title.

11 Intellectual property

11.1 All intellectual property rights in respect of the delivered goods and services provided shall rest with Zilverstroom. The Buyer shall not be permitted, without the prior written consent of Zilverstroom, to reproduce, communicate to the public or imitate the goods, in whole or in part.

11.2 The Buyer may only sell the goods from Zilverstroom under the figurative mark, trademark, trade name and specifications under which the goods were delivered. The Buyer shall not be entitled to amend the properties of the goods that it has bought from Zilverstroom, which shall include inter alia labelling, overprinting and instructions.

11.3 If the Buyer fails to comply with the provisions of Clauses 11.1 and 11.2, the Buyer shall owe to Zilverstroom – without further notice of default from Zilverstroom – an immediately payable penalty of EUR 5,000 per breach. The foregoing shall not affect any other right of Zilverstroom to full compensation for the loss or damage that Zilverstroom suffers as a result of the Buyer’s breach.

11.4 The Agreement shall not include any transfer or licensing of any intellectual property rights in connection with goods delivered to the Buyer, or services provided to the Buyer, and the accompanying documents.

12 Non-disclosure

12.1 The Buyer shall be obliged to observe absolute confidentiality with respect to all information from Zilverstroom (including ideas, knowledge, trade secrets, data, procedures, materials, samples etc.) of which it becomes aware in the context of (the performance of) the Agreement and which Zilverstroom considers confidential or which the Buyer may reasonably believe to be confidential in nature. The Buyer shall restrict access to such information to the persons that need it for (the performance of) the Agreement. Subject to prior written consent from Zilverstroom the Buyer shall not disclose such information or any part thereof to any person, firm, company or other entity and the Buyer shall not use such information or any part thereof other than for (the performance of) the Agreement.

12.2 If the Buyer fails to comply with the non-disclosure obligation set out in Clause 12.1, the Buyer shall owe to Zilverstroom – without further notice of default from Zilverstroom – an immediately payable penalty of EUR 5,000 per breach. The foregoing shall not affect any other right of Zilverstroom to full compensation for the loss or damage that Zilverstroom suffers as a result of the Buyer’s breach.

12.3 The non-disclosure obligation set out in Clause 12.1 shall not apply to information in respect of which the Buyer is able to demonstrate, based on written evidence, that such information:

-was entirely in its possession prior to disclosure, and that the Buyer at that time was not bound by a non-disclosure obligation vis-à-vis Zilverstroom or a third party; or

-was already generally known or available at the moment of disclosure by Zilverstroom or became so afterwards, other than as a result of an act or omission on the part of the Buyer; or

-was acquired by the Buyer from a third party that was not bound by a non-disclosure obligation in

respect of that information; or

-was developed independently by the Buyer without using the information disclosed by Zilverstroom; or

-must be made public by the Buyer, pursuant to the law, any rule or regulation of a government-

approved body, or a binding judgment from a court or other public authority, which is not open to

appeal. In that case the Buyer shall notify Zilverstroom promptly in writing so that the scope of disclosure by the Buyer, in consultation with Zilverstroom, can be kept to what is strictly necessary.

12.4 The Buyer shall be obliged to impose the same obligation as set out in Clause 12.1 on its employees or third parties that it has engaged in the performance of the Agreement. The Buyer shall be responsible for ensuring that employees/third parties do not breach this non-disclosure obligation.

13 Liability/Indemnity/Insurance

13.1 Zilverstroom shall not be liable for any loss or damage on the part of the Buyer, unless such loss or damage is directly connected with any deliberate or wilfully reckless behaviour of Zilverstroom’s managing staff only.

13.2 The Buyer must notify Zilverstroom by registered letter of any loss or damage suffered by it as soon as possible, but no later than within eight (8) days of such loss or damage occurring or becoming known. Loss or damage not reported within this time period shall not be eligible for compensation. In any event, all legal claims that the Buyer has against Zilverstroom shall expire after one (1) year, with effect from the date on which the relevant obligation under the Agreement fell due or the incident that caused the loss or damage took place.

13.3 The Buyer shall indemnify Zilverstroom against all claims from a third party, for whatever reason, in connection with the goods delivered by Zilverstroom to the Buyer as well as services provided to the Buyer, unless the Buyer demonstrates that a claim from a third party is in no way associated with any circumstance within the Buyer’s control.

13.4 Without prejudice to the Buyer’s obligations under the Agreement and the General Terms and Conditions, the Buyer shall ensure that there is adequate insurance to fully cover the indemnity obligations vis-à-vis Zilverstroom, pursuant to Clauses 13.3 and 14.1 plus any other obligations and liabilities under the Agreement. The Buyer shall allow inspection by Zilverstroom of its insurance policies at first request.

14 (Government) regulations

14.1 The Buyer shall be obliged, in respect of the goods delivered by Zilverstroom, to comply with all applicable European, international and national use and safety regulations and (governmental) regulations, including all obligations of the Buyer arising from the REACH legislation (“Registration, Evaluation and Authorisation of CHemicals”, in particular Commission Regulation (EU) 453/2010 of 20 May 2010 amending Regulation (EC) 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), and the legislation based on it and/or arising from it. All penalties, loss or damage and/or other consequences as a result of the Buyer’s failure to comply with such regulations shall be borne by the Buyer.

14.2 The Buyer shall indemnify Zilverstroom against all claims from third parties, including governmental bodies, which are the result of the Buyer’s breaching of its obligations under Clause

15 Force Majeure

In the event of force majeure (within the meaning of Section 6:75 Dutch Civil Code) on the part of one party, compliance with the Agreement shall be fully or partially suspended for the duration of the force majeure period, without parties being obliged to compensate each other. If the force majeure situation is reasonably expected to last longer than three (3) months or has already lasted three (3) months, the other party shall have the right to dissolve the Agreement with immediate effect and without legal intervention, by registered letter, without giving rise to any claim for damages. Force majeure on the part of Zilverstroom shall, in any event, be taken to mean:

– circumstances relating to people and/or materials, which Zilverstroom employs/uses, or is in the habit of employing/using, in the performance of the Agreement, which are of such a nature as to render performance of the Agreement impossible, or (to render performance of the Agreement) onerous and/or disproportionately expensive for Zilverstroom, to such extent that complying with the Agreement can no longer, or cannot immediately, be expected of Zilverstroom;

– strikes, lack of personnel, production interruptions;

– import and/or export hindrances, State measures;

– the circumstance that Zilverstroom does not obtain goods or services relevant to goods and services that it is to provide itself, or does not obtain these properly or on time;

– fire, water damage, flood, extreme weather conditions, infectious diseases;

– war, threat of war, riots etc.

16 Penalty clause

16.1 If the Buyer fails to comply with its obligations under the Agreement and/or the General Terms and Conditions fourteen (14) days after being given notice of default by Zilverstroom, the Buyer shall owe to Zilverstroom, for each day, an immediately payable penalty of 15% of the price agreed in the Agreement for the goods or services to be delivered or provided pursuant to the Agreement. The foregoing shall not affect any other right of Zilverstroom under the General Terms and Conditions, including Zilverstroom’s right to full compensation, if the loss or damage suffered exceeds the incurred penalty, on the understanding that Zilverstroom shall be entitled to claim from the Buyer the loss or damage actually suffered by Zilverstroom in connection with the Buyer’s failure to comply with its obligations on time, including the actual profit loss.

16.2 The daily penalty set out in Clause 16.1 shall become payable on demand with effect from the date on which the Buyer fails to comply with its obligations on time, up to and including the date on which the Buyer complies with those obligations.

17 Suspension/Dissolution

17.1 Zilverstroom alone shall be authorised, at its own discretion, to suspend performance of the Agreement in whole or in part or to terminate the Agreement in whole or in part by a written statement without legal intervention (and with immediate effect) (without Zilverstroom being obliged to pay any compensation) in the event of:

– a failure by the Buyer to comply with (one of) its obligations under the Agreement and/or the General Terms and Conditions, including a failure by the Buyer to comply with (one of) its obligations under one (or more) subagreements;

– (an application for) moratorium on payments or insolvency of the Buyer;

– a guardianship order against the Buyer or the Buyer going into administration;

– sale or discontinuation of the Buyer’s business;

– revocation of the Buyer’s licences and/or permits that are necessary for the performance of the

Agreement; or attachment on a significant portion of the Buyer’s business assets.

17.2 Zilverstroom shall be entitled to retain goods from the Buyer that Zilverstroom has in its possession for any reason, until the Buyer pays Zilverstroom all sums that it owes on any basis to Zilverstroom.

17.3 All (future) claims that Zilverstroom may have or acquire against the Buyer in the instances cited in Clause 17.1 above, shall become payable on demand, in full.

17.4 If the Buyer wishes to invoke termination of the Agreement, it must do so by registered letter in which letter the ground(s) for termination are clearly stated.

18 Subcontracting/Transfer

18.1 The Buyer shall not subcontract the performance of its obligations arising from the Agreement and the General Terms and Conditions, either in whole or in part, to third parties without prior written consent from Zilverstroom.

18.2 The Buyer shall give Zilverstroom consent in advance to transfer the Agreement and its rights and obligations arising from it, in whole or in part, to a third party or third parties by way of contract takeover (within the meaning of Section 6:159 Dutch Civil Code) and/or the performance of its obligations arising from the Agreement.

18.3 The Buyer shall not transfer, either in whole or in part, its rights and obligations arising from the Agreement and the General Terms and Conditions to third parties, without prior written consent from Zilverstroom.

19 Invalidity of one or more provisions

19.1 The invalidity of a provision in the Agreement and/or the General Terms and Conditions shall have no bearing on the validity of the other provisions of the Agreement and the General Terms and Conditions.

19.2 If and insofar as a provision in the Agreement and/or the General Terms and Conditions should become invalid, or be unacceptable by standards of reasonableness and fairness under the given circumstances, a provision shall apply which is acceptable to both, having taken into consideration all circumstances, and which provision is closest to the intent and purport of the invalid or unacceptable provision.

20 Applicable law and competent court

20.1 The legal relationship between Zilverstroom and the Buyer is governed exclusively by Dutch law, with the exclusion of the Vienna Sales Convention.

20.2 Any disputes between Zilverstroom and the Buyer shall be adjudicated by the competent court in Rotterdam.

21 Final provision

The Dutch text of the General Terms and Conditions shall constitute the sole authentic text. In the event of a discrepancy between the Dutch text and a translation into a foreign language, the Dutch text shall prevail.