Common use of Collection and Delivery Clause in Contracts

Collection and Delivery. 4.1 The Manufacturer shall make the Goods available for collection at the Manufacturer's warehouse in the United Kingdom. Other than as set out in this clause, the Customer is responsible for collecting the Goods and delivering the Goods to the Customer's preferred location. If the Customer does not elect to collect the Goods from the Manufacturer's warehouse in the United Kingdom, the Manufacturer shall introduce and recommend a Logistics specialist to the Customer and the Logistics specialist shall arrange delivery of the Goods to the Customer, upon the Customer's written notification to the Logistics specialist of the Customer's preferred delivery location. 4.2 Whether the Customer chooses to collect the Goods in person at the Manufacturer’s warehouse in the United Kingdom or through the Logistics specialist; in each case, within three Business Days of the Manufacturer notifying the Customer that the Goods are ready; the Customer or the Logistics specialist shall ensure that on the Goods' packaging is clearly and visibly stated the following wording: THIS VEHICLE IS BATTERY POWERED AND MUST NOT BE USED ON PUBLIC ROADS. 4.3 If the Customer fails to agree Collection of the Goods within three Business Days of the Manufacturer notifying the Customer that the Goods are ready (a "Collection Notice") or fails to collect the Goods on the agreed date at the Manufacturer's warehouse in the United Kingdom, (i) except where such failure or delay is caused by a Force Majeure Event or the Manufacturer’s failure to comply with its obligations under the Contract, and (ii) provided also that the Customer has notified the Manufacturer within three Business Days of receipt of the Collection Notice that the Customer will not be able to collect the Goods as contemplated, then subject to clause 4.3 below the Manufacturer shall arrange storage of the Goods until such date as Collection takes place, and shall invoice the Customer for all related costs and expenses of storage (including but not limited to insurance and Collection costs for the Goods). 4.4 If 30 Business Days after the date of the Collection Notice delivered pursuant to clause 4.2 above, the Customer has not 4.5 Certain safety restrictions exist for items or components that may be included within the Goods, including but not limited to those set out in Annex 2. 4.6 The parties agree that if the Customer elects not to make a Collection of the Goods, the Customer shall be responsible for the delivery of the Goods to their preferred location, notwithstanding that the Logistics specialist shall collect and deliver the Goods on behalf of the Customer. While the Manufacturer shall procure that the Logistics specialist shall use all reasonable commercial efforts to ensure delivery of the Goods to the Customer , the Customer accepts that it may not be possible to deliver such items to all addresses worldwide. Therefore, Customers shall review Annex 2 and shall take their own advice to determine if the Customer's jurisdiction or intended location of delivery imposes or is likely to impose any restriction or other impediment to delivery of the Goods. The Manufacturer reserves the right to amend at any time the terms of Annex 2 upon notice to the Customer in the event that a change in law or regulation imposes new or modified safety restrictions upon any of the Goods manufactured now or in the future by the Manufacturer. 4.7 The Customer acknowledges and agrees to assume responsibility for all and any additional costs or actions that may be required now or in the future arising from law or regulation (whether current at the date of the Contract or enacted hereafter) relating to the collection, export, forwarding, import and delivery of the Goods to whatsoever jurisdiction the Customer takes the Goods (or to which the Goods may be delivered, as applicable) as may be specified by the Customer including but not limited to any costs falling due pursuant to clause 7.11 below. Solely for the purpose of enabling the other party to manage any situation it might face, each party agrees to notify the other party as soon as practicable upon becoming aware of any such additional costs or actions and agrees to negotiate in good faith to resolve any impediment to the fulfilment of the Contract according to its terms arising therefrom.

Collection and Delivery. 4.1 The Manufacturer shall make the Goods available for (a) We may withhold delivery or collection at the Manufacturer's warehouse of any item until you have paid all amounts owing to us. (b) Any collection times stated in the United KingdomSale Overview, Item Page, lot or Lot Page or otherwise are estimates only. Other than While we will use commercially reasonable efforts to comply with the stated collection times, we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such times. (c) Where items are not held by us on our premises, you must strictly observe and comply with any collection times and arrangements we specify. This is because we may have limited ability to access the items. If you do not comply with the collection times and arrangements that we specify, there is a risk that the item will be removed from the premises, after notice to you, and in such circumstances we will not be liable to you for the unavailability of the item and we will not refund the purchase price to you. We will, however, use commercially reasonable efforts to assist you to arrange access to the item again. (d) If you visit any place where goods are stored to inspect or collect them, you must comply with: (i) any relevant laws regarding occupational health and safety; (ii) any directions or warnings about the goods or their location in the Sale Overview, Item Page, lot or Lot Page; and (iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location. (e) You acknowledge that you inspect or remove goods at any location at your own risk and agree to indemnify Grays and EquipNet for any liability or loss to you or your agents or employees suffer while seeking to take, or in the course of taking possession of goods. (f) If we are unable to deliver an item or you do not collect it within seven (7) days of a Sale we may charge a storage fee in accordance with our usual rates, as set out in this clauseclause 10.1(g), below, or at other rates we may reasonably specify. For motor vehicles and industrial equipment, unless otherwise agreed, our storage charges are $50 per day or $250 per week. (g) Subject to any applicable legislation governing the Customer is responsible for collecting the Goods and delivering the Goods to the Customer's preferred location. If the Customer does disposal of uncollected goods, if you do not elect to collect the Goods from the Manufacturer's warehouse in the United Kingdom, the Manufacturer shall introduce and recommend a Logistics specialist to the Customer and the Logistics specialist shall arrange or take delivery of the Goods an item within seven (7) days of a sale, and after three (3) months’ notice to the Customer, upon the Customer's written notification to the Logistics specialist of the Customer's preferred delivery location.you: 4.2 Whether the Customer chooses to collect the Goods in person at the Manufacturer’s warehouse in the United Kingdom or through the Logistics specialist; in each case, within three Business Days of the Manufacturer notifying the Customer that the Goods are ready; the Customer or the Logistics specialist shall ensure that on the Goods' packaging is clearly and visibly stated the following wording: THIS VEHICLE IS BATTERY POWERED AND MUST NOT BE USED ON PUBLIC ROADS. 4.3 If the Customer fails to agree Collection of the Goods within three Business Days of the Manufacturer notifying the Customer that the Goods are ready (a "Collection Notice") or fails to collect the Goods on the agreed date at the Manufacturer's warehouse in the United Kingdom, (i) except where such failure the item was purchased for $100 or delay is caused by more, we may sell the item on terms we consider reasonable and refund the proceeds of the sale to you, less Buyer's Premium, a Force Majeure Event or the Manufacturer’s failure to comply with its obligations under the Contract, storage charge of $5 per day and an administration fee of $40; and (ii) provided also that where the Customer has notified the Manufacturer within three Business Days of receipt item was purchased for less than $100, we may sell or otherwise dispose of the Collection Notice that the Customer will not be able item, without refund to collect the Goods as contemplated, then subject to clause 4.3 below the Manufacturer shall arrange storage of the Goods until such date as Collection takes place, and shall invoice the Customer for all related costs and expenses of storage (including but not limited to insurance and Collection costs for the Goods)you. 4.4 If 30 Business Days after the date of the Collection Notice delivered pursuant to clause 4.2 above, the Customer has not 4.5 Certain safety restrictions exist for items or components that may be included within the Goods, including but not limited to those set out in Annex 2. 4.6 The parties agree that if the Customer elects not to make a Collection of the Goods, the Customer shall be responsible for the delivery of the Goods to their preferred location, notwithstanding that the Logistics specialist shall collect and deliver the Goods on behalf of the Customer. While the Manufacturer shall procure that the Logistics specialist shall use all reasonable commercial efforts to ensure delivery of the Goods to the Customer , the Customer accepts that it may not be possible to deliver such items to all addresses worldwide. Therefore, Customers shall review Annex 2 and shall take their own advice to determine if the Customer's jurisdiction or intended location of delivery imposes or is likely to impose any restriction or other impediment to delivery of the Goods. The Manufacturer reserves the right to amend at any time the terms of Annex 2 upon notice to the Customer in the event that a change in law or regulation imposes new or modified safety restrictions upon any of the Goods manufactured now or in the future by the Manufacturer. 4.7 The Customer acknowledges and agrees to assume responsibility for all and any additional costs or actions that may be required now or in the future arising from law or regulation (whether current at the date of the Contract or enacted hereafter) relating to the collection, export, forwarding, import and delivery of the Goods to whatsoever jurisdiction the Customer takes the Goods (or to which the Goods may be delivered, as applicable) as may be specified by the Customer including but not limited to any costs falling due pursuant to clause 7.11 below. Solely for the purpose of enabling the other party to manage any situation it might face, each party agrees to notify the other party as soon as practicable upon becoming aware of any such additional costs or actions and agrees to negotiate in good faith to resolve any impediment to the fulfilment of the Contract according to its terms arising therefrom.

Collection and Delivery. 4.1 The Manufacturer shall make (a) Except when clause 6.1(b) applies, in order to receive the Goods available for collection Services, you must deliver the Vessel to RSMS at Fergusons Marina, 00 Xxxxxxx Xxxx, Xxxxxx, XXX, 0000 (the Manufacturer's warehouse Marina): (i) at a time and date nominated by RSMS; and (ii) otherwise in the United Kingdom. Other than as set out accordance with RSMS’ instructions. (b) RSMS may elect, upon your request and in this clauseits absolute discretion, the Customer is responsible for collecting the Goods and delivering the Goods to the Customer's preferred location. If the Customer does not elect to collect the Vessel, in which case you: (i) must leave the Vessel and all access cards and keys at the place agreed with RSMS so that RSMS may collect the Vessel at the time it has nominated; (ii) must provide RSMS the Vessel location, Vessel insurance details and any other requested information; (iii) agree that you will be liable to pay an additional collection fee, as advised by RSMS; (iv) release RSMS from all claims and liabilities that may arise in relation to such collection; and (v) warrant that the Vessel is seaworthy and capable of safe navigation. (c) RSMS will notify you when the Services and/or Goods from have been supplied and you may collect the Manufacturer's warehouse Vessel. You agree that: (i) you must collect the Vessel by close of business on the day notified by RSMS, failing which you will be liable to pay additional storage costs, as notified by RSMS; and (ii) RSMS may agree, upon your request and in its absolute discretion, to deliver the United KingdomVessel to a location nominated by you, the Manufacturer shall introduce and recommend a Logistics specialist in which case you: will be deemed to the Customer and the Logistics specialist shall arrange have accepted delivery of the Goods Vessel upon RSMS leaving the Vessel at such location, regardless of whether you, or anyone you have nominated, is in attendance when the Vessel is delivered; agree that you will be liable to pay an additional delivery fee, as advised by RSMS; release RSMS from all claims and liabilities that may arise in relation to such delivery; and warrant that the Customer, upon the Customer's written notification to the Logistics specialist Vessel is seaworthy and capable of the Customer's preferred delivery locationsafe navigation. 4.2 Whether the Customer chooses to collect the Goods in person at the Manufacturer’s warehouse in the United Kingdom or through the Logistics specialist; in each case, within three Business Days of the Manufacturer notifying the Customer that the Goods are ready; the Customer or the Logistics specialist shall ensure that on the Goods' packaging is clearly and visibly stated the following wording: THIS VEHICLE IS BATTERY POWERED AND MUST NOT BE USED ON PUBLIC ROADS. 4.3 If the Customer fails to agree Collection of the Goods within three Business Days of the Manufacturer notifying the Customer that the Goods are ready (a "Collection Notice"d) or fails to collect the Goods on the agreed date at the Manufacturer's warehouse in the United Kingdom, (i) except where such failure or delay is caused by a Force Majeure Event or the Manufacturer’s failure to comply with its obligations under the Contract, and (ii) provided also that the Customer has notified the Manufacturer within three Business Days of receipt of the Collection Notice that the Customer will not be able to collect the Goods as contemplated, then subject to clause 4.3 below the Manufacturer shall arrange storage of the Goods until such date as Collection takes place, and shall invoice the Customer for all related costs and expenses of storage (including but not limited to insurance and Collection costs for the Goods). 4.4 If 30 Business Days after the date of the Collection Notice delivered pursuant to clause 4.2 above, the Customer has not 4.5 Certain safety restrictions exist for items or components that may be included within the Goods, including but not limited to those set out in Annex 2. 4.6 The parties You agree that if the Customer elects not to make a Collection of the Goods, the Customer shall be responsible for the by accepting delivery of the Goods to their preferred location, notwithstanding Vessel you are warranting that you have inspected the Vessel and are satisfied that the Logistics specialist shall collect Services and deliver the Goods on behalf have been supplied with due care and skill, in a proper and workmanlike manner and in satisfaction of your requirements and the Customer. While the Manufacturer shall procure that the Logistics specialist shall use all reasonable commercial efforts to ensure delivery of the Goods to the Customer , the Customer accepts that it may not be possible to deliver such items to all addresses worldwide. Therefore, Customers shall review Annex 2 and shall take their own advice to determine if the Customer's jurisdiction or intended location of delivery imposes or is likely to impose any restriction or other impediment to delivery of the Goods. The Manufacturer reserves the right to amend at any time the terms of Annex 2 upon notice to the Customer in the event that a change in law or regulation imposes new or modified safety restrictions upon any of the Goods manufactured now or in the future by the ManufacturerQuote. 4.7 The Customer acknowledges and agrees to assume responsibility for all and any additional costs or actions that may be required now or in the future arising from law or regulation (whether current at the date of the Contract or enacted hereafter) relating to the collection, export, forwarding, import and delivery of the Goods to whatsoever jurisdiction the Customer takes the Goods (or to which the Goods may be delivered, as applicable) as may be specified by the Customer including but not limited to any costs falling due pursuant to clause 7.11 below. Solely for the purpose of enabling the other party to manage any situation it might face, each party agrees to notify the other party as soon as practicable upon becoming aware of any such additional costs or actions and agrees to negotiate in good faith to resolve any impediment to the fulfilment of the Contract according to its terms arising therefrom.

Collection and Delivery. 4.1 The Manufacturer shall make the Goods available for (a) We may withhold delivery or collection at the Manufacturer's warehouse of any item until you have paid all amounts owing to us. (b) Any collection times stated in the United KingdomSale Overview, Item Page, lot or Lot Page or otherwise are estimates only. Other than While we will use reasonable endeavours to comply with the stated collection times, we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such times. (c) Where items are not held by us on our premises, you must strictly observe and comply with any collection times and arrangements we specify. This is because we may have limited ability to access the items. If you do not comply with the collection times and arrangements that we specify, there is a risk that the item will be removed from the premises, after notice to you, and in such circumstances we will not be liable to you for the unavailability of the item and we will not refund the purchase price to you. We will, however, use all reasonable endeavours to assist you to arrange access to the item again. (d) If you visit any place where goods are stored to inspect or collect them, you must comply with: (i) any relevant laws regarding occupational health and safety; (ii) any directions or warnings about the goods or their location in the Sale Overview, Item Page, lot or Lot Page; and (iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location. (e) You acknowledge that you inspect or remove goods at any location at your own risk and agree to indemnify Grays for any liability or loss you or your agents or employees suffer while seeking to take, or in the course of taking possession of goods. (i) If we are unable to deliver an item or you do not collect it within 7 days of a Sale we may charge a storage charge in accordance with our usual rates, as set out in this clauseclause 10.1(f), below, or at other rates we may reasonably specify. For motor vehicles and industrial equipment, unless otherwise agreed, our storage charges are $50 per day or $250 per week. (f) Subject to any applicable legislation governing the Customer is responsible for collecting the Goods and delivering the Goods to the Customer's preferred location. If the Customer does disposal of uncollected goods, if you do not elect to collect the Goods from the Manufacturer's warehouse in the United Kingdom, the Manufacturer shall introduce and recommend a Logistics specialist to the Customer and the Logistics specialist shall arrange or take delivery of the Goods an item within 7 days of a sale, and after 3 months’ notice to the Customer, upon the Customer's written notification to the Logistics specialist of the Customer's preferred delivery location.you: 4.2 Whether the Customer chooses to collect the Goods in person at the Manufacturer’s warehouse in the United Kingdom or through the Logistics specialist; in each case, within three Business Days of the Manufacturer notifying the Customer that the Goods are ready; the Customer or the Logistics specialist shall ensure that on the Goods' packaging is clearly and visibly stated the following wording: THIS VEHICLE IS BATTERY POWERED AND MUST NOT BE USED ON PUBLIC ROADS. 4.3 If the Customer fails to agree Collection of the Goods within three Business Days of the Manufacturer notifying the Customer that the Goods are ready (a "Collection Notice") or fails to collect the Goods on the agreed date at the Manufacturer's warehouse in the United Kingdom, (i) except where such failure the item was purchased for $100 or delay is caused by more, we may sell the item on terms we consider reasonable and refund the proceeds of the sale to you, less Buyer's Premium, a Force Majeure Event or the Manufacturer’s failure to comply with its obligations under the Contract, storage charge of $5 per day and an administration fee of $40; and (ii) provided also that where the Customer has notified the Manufacturer within three Business Days of receipt item was purchased for less than $100, we may sell or otherwise dispose of the Collection Notice that the Customer will not be able item, without refund to collect the Goods as contemplated, then subject to clause 4.3 below the Manufacturer shall arrange storage of the Goods until such date as Collection takes place, and shall invoice the Customer for all related costs and expenses of storage (including but not limited to insurance and Collection costs for the Goods)you. 4.4 If 30 Business Days after the date of the Collection Notice delivered pursuant to clause 4.2 above, the Customer has not 4.5 Certain safety restrictions exist for items or components that may be included within the Goods, including but not limited to those set out in Annex 2. 4.6 The parties agree that if the Customer elects not to make a Collection of the Goods, the Customer shall be responsible for the delivery of the Goods to their preferred location, notwithstanding that the Logistics specialist shall collect and deliver the Goods on behalf of the Customer. While the Manufacturer shall procure that the Logistics specialist shall use all reasonable commercial efforts to ensure delivery of the Goods to the Customer , the Customer accepts that it may not be possible to deliver such items to all addresses worldwide. Therefore, Customers shall review Annex 2 and shall take their own advice to determine if the Customer's jurisdiction or intended location of delivery imposes or is likely to impose any restriction or other impediment to delivery of the Goods. The Manufacturer reserves the right to amend at any time the terms of Annex 2 upon notice to the Customer in the event that a change in law or regulation imposes new or modified safety restrictions upon any of the Goods manufactured now or in the future by the Manufacturer. 4.7 The Customer acknowledges and agrees to assume responsibility for all and any additional costs or actions that may be required now or in the future arising from law or regulation (whether current at the date of the Contract or enacted hereafter) relating to the collection, export, forwarding, import and delivery of the Goods to whatsoever jurisdiction the Customer takes the Goods (or to which the Goods may be delivered, as applicable) as may be specified by the Customer including but not limited to any costs falling due pursuant to clause 7.11 below. Solely for the purpose of enabling the other party to manage any situation it might face, each party agrees to notify the other party as soon as practicable upon becoming aware of any such additional costs or actions and agrees to negotiate in good faith to resolve any impediment to the fulfilment of the Contract according to its terms arising therefrom.

Collection and Delivery. 4.1 6.1 The Manufacturer Company shall not be bound or held liable for any delays or failure by any date(s) and time(s) agreed upon for the delivery/collection of goods/services by road, rail, or otherwise; 6.2 Date(s) and time(s) are quoted on an approximate “ex-works” basis by the Company and relates to working days, calculated from the receipt of final instructions; 6.3 Consequently, the Customer/the Company acknowledges that time is not the essence of the Contract, but shall make a reasonable effort to collect/deliver the Goods available goods/services by the specified date(s); 6.4 If the Company cannot deliver/supply some (or all) of the goods for collection any reason whatsoever, the Company shall have the right (in its discretion) to cancel the whole or any part of the Contract, or alternatively execute the order at the Manufacturer's warehouse earliest possible date after being in the United Kingdom. Other than as set out in this clause, a position to do so; 6.5 The Company’s delivery note (including freight charges) signed by the Customer is responsible or his employees or agent shall constitute as proof that the goods/services delivered/collected thereunder accorded with the quantity, type and quality reflected thereon with that order. The onus shall be on the Customer to prove contrary; 6.6 If for collecting the Goods and delivering the Goods to the Customer's preferred location. If any reason the Customer does not elect accept delivery/collection of any goods/services when they are ready for delivery/collection, or the Company is unable to collect deliver the Goods from goods/services on time because the Manufacturer's warehouse in the United KingdomCustomer has not provided appropriate instructions, the Manufacturer documents, licenses or authorisations then; 6.6.1 The goods/services will be deemed to have been delivered/collected; 6.6.2 The risk shall introduce and recommend a Logistics specialist pass to the Customer and upon such deemed delivery/collection; 6.6.3 The Company may store the Logistics specialist shall arrange delivery of the Goods to the Customer, upon the Customer's written notification to the Logistics specialist of the Customer's preferred delivery location. 4.2 Whether the Customer chooses to collect the Goods in person at the Manufacturer’s warehouse in the United Kingdom or through the Logistics specialist; in each case, within three Business Days of the Manufacturer notifying the Customer that the Goods are ready; the Customer or the Logistics specialist shall ensure that on the Goods' packaging is clearly and visibly stated the following wording: THIS VEHICLE IS BATTERY POWERED AND MUST NOT BE USED ON PUBLIC ROADS. 4.3 If the Customer fails to agree Collection of the Goods within three Business Days of the Manufacturer notifying the Customer that the Goods are ready (a "Collection Notice") or fails to collect the Goods on the agreed date at the Manufacturer's warehouse in the United Kingdom, (i) except where such failure or delay is caused by a Force Majeure Event or the Manufacturer’s failure to comply with its obligations under the Contract, and (ii) provided also that the Customer has notified the Manufacturer within three Business Days of receipt of the Collection Notice that goods until actual delivery/collection whereupon the Customer will not be able to collect the Goods as contemplated, then subject to clause 4.3 below the Manufacturer shall arrange storage of the Goods until such date as Collection takes place, and shall invoice the Customer liable for all related costs and expenses of storage (including but not limited storage without limitation); or 6.6.4 The Company may sell the Goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Customer for any shortfall below the Contract price; 6.7 If the Company’s offer includes “Delivery to insurance and Collection costs for the Goods). 4.4 If 30 Business Days after the date of the Collection Notice delivered pursuant to clause 4.2 aboveSite”, it is understood that the Customer has notthe necessary facilities to off-load the goods and will be in a position to accept the goods at a stipulated time. Failing which, all additional costs and charges for transport and storage will be for the Customer’s account. The goods will be off-loaded and stored at the Customer’s desired premises; 4.5 Certain safety restrictions exist for items 6.8 It is the Customer’s obligation to inspect the goods upon delivery/collection. The Customer will notify the Company in writing of any missing or components that may damaged goods within three (3) working days of delivery/collection, after which any claims will be included within the Goods, including but not limited to those set out in Annex 2. 4.6 invalid. The parties agree that if onus is on the Customer elects not to make prove that goods were missing or have been damaged; 6.9 If there is a Collection of the Goods, the Customer shall be responsible for the delivery of the Goods to their preferred location, notwithstanding that the Logistics specialist shall collect and deliver problem with the Goods on behalf of delivery, it is the Customer. While Company’s decision to request the Manufacturer shall procure that the Logistics specialist shall use all reasonable commercial efforts item to ensure delivery of the Goods to the Customer , the Customer accepts that it may not be possible to deliver such items to all addresses worldwide. Therefore, Customers shall review Annex 2 and shall take their own advice to determine if the Customer's jurisdiction or intended location of delivery imposes or is likely to impose any restriction or other impediment to delivery of the Goods. The Manufacturer reserves the right to amend at any time the terms of Annex 2 upon notice to the Customer in the event that a change in law or regulation imposes new or modified safety restrictions upon any of the Goods manufactured now or in the future by the Manufacturer. 4.7 The Customer acknowledges and agrees to assume responsibility for all and any additional costs or actions that may be required now or in the future arising from law or regulation (whether current at the date of the Contract or enacted hereafter) relating to the collection, export, forwarding, import and delivery of the Goods to whatsoever jurisdiction the Customer takes the Goods (or to which the Goods may be delivered, as applicable) as may be specified repaired by the Customer including but not limited to any costs falling due pursuant to clause 7.11 belowbased on 3 repair quotes. Solely for Or the purpose of enabling the other party to manage any situation it might face, each party agrees to notify the other party as soon as practicable upon becoming aware of any such additional costs or actions and agrees to negotiate in good faith to resolve any impediment Goods are returned to the fulfilment of the Contract according to its terms arising therefromCompany for repair.