Common use of CUSTOMER’S UNDERTAKINGS Clause in Contracts

CUSTOMER’S UNDERTAKINGS. 4.1 It is a condition of the contract and the Customers warrants and undertakes that; 4.1.1 It is either the owner of the Goods, or is authorised by the owner to accept the conditions on the owner’s behalf. 4.1.2 The Goods presented to the Company shall be (and/or anyone else dealing with them); a) Securely and properly packed for the performance of the services and in compliance with any applicable statutory regulations, recognised standards and best practice and are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination or deterioration (or the possibility of them) to any person premises, equipment or to any other goods/items in any way. b) Are in the form and have at all material times been maintained at the temperature as may be required by the minimum standards stipulated under the applicable statutory regime for goods of that type then in force whereas directed by the customer c) Do not contain substances the storage of which require the obtaining of any consent or licence outside the ordinary course of business of the company; d) Do not contain any substances which, if released from the packaging, would or may cause pollution of the environment or harm to human health; and will not require any special treatment save as may be agreed in writing between the parties or as provided for in the regulations. 4.2 The warranties made in the condition 4 .1 shall be made on the date of the contract and to be repeated each day the goods are received and/or stored by the Company. 4.3 Before the Company assumes any responsibilities for or by reference to the Goods, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, weight or condition of the Goods and nay statutory or other duties specific to the Goods with which the Company or others may need to comply, and will promptly after invoicing pay the Company’s reasonable extra charges for complying 4.4 The Customer will promptly after invoicing reimburse all duties, taxes and expenses that the Company may be required to pay in respect of the Goods including where the liability to pay them arises due to the fault, other act or omission of the Company or its employees or sub- contractors. 4.5 Except in the extent previously notified in detail to, and accepted by, the Company in writing none of the Goods: are hazardous or contaminated; may cause pollution to the environment or harm to human health if they escape from their packaging; require any official consent or licence to handle, posses, deal with or carry; will at any time whilst in the care or control of the Company Constitute Waste. 4.6 Where the Company is carrying the Goods the Customer will provide a risk assessment and method statement appropriate for the Goods and any location in which they are being handled. Unless otherwise previously agreed the Customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The Customer may have to pay demurrage to the Company’s standard rate if the vehicle is delayed beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused. 4.7 The Customer will comply with any reasonable regulations of the Company relating to handling, carriage, storage or forwarding of Goods (and ancillary matters) which are notified in writing from time to time. 4.8 Information given by or on the customer’s behalf shall be materially correct and complete. 4.9 The Customer will indemnify the Company against any loss or damage it suffers as a result of carrying out the Customers instructions or which is related to any breach of the Customers obligations, and will pay all costs and expenses (including professional fees) incurred in, and the company’s reasonable charges for, dealing with the breach and its consequences. The Customer will pay an extra charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach by the Customer. If the Company suspects a breach of condition 4, it may refuse to accept the Goods, demand their immediate removal, or itself arrange their removal without notice, at the Customer’s expense. 4.10 In respect of all Goods delivered and/or to be delivered to the company at the request of the Customer, the consignment note or equivalent document accompanying such Goods gives a true, accurate and complete description of the goods In question and in particular (but without prejudice to the generality of the foregoing as regards their nature, weight, quantity, condition, composition and dimensions). 4.11 The Customer will provide to the Company Traded Unit Codes and or Stock Keeping Unit Numbers for all Products in respect of which the Services are to be provided

CUSTOMER’S UNDERTAKINGS. 4.1 2.1 It is a condition of the contract contract, and the Customers Customer warrants and undertakes that;undertakes, that:- 4.1.1 2.1.1 It is either the owner of the Goods, Goods or is authorised by the owner to accept the conditions these Conditions on the owner’s behalf. 4.1.2 2.1.2 The Goods shall be presented to the Company shall be (and/or anyone else dealing with them); a) Securely securely and properly packed for the performance of the services and in compliance with any applicable statutory regulations, recognised standards and best practice and are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination contamination, or deterioration (or the possibility of them) to any person person, premises, equipment or to any other goods/items in any way. b) Are in the form and have at all material times been maintained at the temperature as may be required by the minimum standards stipulated under the applicable statutory regime for goods of that type then in force whereas directed by the customer c) Do not contain substances the storage of which require the obtaining of any consent or licence outside the ordinary course of business of the company; d) Do not contain any substances which, if released from the packaging, would or may cause pollution of the environment or harm to human health; and will not require any special treatment save as may be agreed in writing between the parties or as provided for in the regulations. 4.2 The warranties made in the condition 4 .1 shall be made on the date of the contract and to be repeated each day the goods are received and/or stored by the Company. 4.3 2.1.3 Before the Company assumes any responsibilities responsibility for or by reference to the Goods, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, weight weight, or condition of the Goods and nay any statutory or other duties specific to the Goods with which the Company or others may need to comply, ; and will promptly after invoicing pay the Company’s reasonable extra charges for complying. 4.4 The Customer 2.1.4 It will promptly after invoicing reimburse all duties, taxes and expenses that the Company may be required to pay in respect of the Goods including where the liability to pay them arises due to the fault, other act or omission of the Company or its employees or sub- sub-contractors. 4.5 2.1.5 Except in to the extent previously notified in detail to, and accepted by, the Company in writing none of the Goods: are hazardous or contaminated; may cause pollution to of the environment or harm to human health if they escape from their packaging; require any official consent or licence to handle, possespossess, deal with or carry; will at any time whilst in the care or control of the Company Constitute constitute Waste. 4.6 2.1.6 Where the Company is carrying the Goods Goods, the Customer will provide a risk assessment and method statement appropriate for the Goods and any location in which they are being handled. Unless otherwise previously agreed the Customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The Customer may have to will pay demurrage to at the Company’s standard rate if the vehicle is delayed for more than 30 minutes beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused. 4.7 The Customer 2.1.7 It will comply with any reasonable regulations of the Company relating to handling, carriage, storage or forwarding of Goods (and ancillary matters) which are notified in writing from time to time. 4.8 2.1.8 Information given by or on the customer’s its behalf shall be materially correct and complete. 4.9 2.2 The Customer will indemnify the Company against any loss or damage it suffers as a result of carrying out the Customers Customer’s instructions or which is related to any breach of the Customers obligations, Customer’s obligations and will pay all costs and expenses (including professional fees) incurred in, and the companyCompany’s reasonable charges for, dealing with the breach and its consequences. The Customer will pay an extra charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach by the Customer. If the Company suspects a breach of condition 4Condition 2, it may refuse to accept the Goods, demand their immediate removal, or itself arrange their removal without notice, at the Customer’s expense. 4.10 In respect of all Goods delivered and/or to be delivered to the company at the request of the Customer, the consignment note or equivalent document accompanying such Goods gives a true, accurate and complete description of the goods In question and in particular (but without prejudice to the generality of the foregoing as regards their nature, weight, quantity, condition, composition and dimensions). 4.11 The Customer will provide to the Company Traded Unit Codes and or Stock Keeping Unit Numbers for all Products in respect of which the Services are to be provided

CUSTOMER’S UNDERTAKINGS. 4.1 It is a condition 10.1. The Customer warrants, to and in favour of the contract Company that: 10.1.1. it has reasonable knowledge of the Goods and Services and all matters directly or indirectly relating thereto and shall supply all such pertinent information to the Customers warrants and undertakes thatCompany; 4.1.1 It 10.1.2. it is either the owner or authorised agent of the GoodsOwner of the Goods and each of them shall be bound by these T&C’s; 10.1.3. the Owner, sender or is authorised consignee shall be bound by these T&C’s and accepts the Company shall have the right to enforce these T&C’s against them jointly and severally or to recover from them any sums due and payable by the owner Customer; 10.1.4. all information to accept the conditions on the owner’s behalf. 4.1.2 The Goods presented be supplied to the Company shall be (and/or anyone else dealing with them); a) Securely accurate, true and properly packed comprehensive and the Customer shall be bound by and warrants the accuracy of all descriptions, values, metrics, specifications and other particulars furnished to the Company for the performance procurement of Goods, customs, consular or other purposes and, when transport services are provided by the services and in compliance with any applicable statutory regulationsCompany, recognised standards and best practice and are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination or deterioration (or the possibility of them) to any person premises, equipment or to any other goods/items in any way. b) Are in the form and have at Customer shall provide all material times been maintained at the temperature such information as may be reasonably required for the packing, stowing and / or labelling of the Goods; 10.1.5. it will not withhold necessary or pertinent information required by the minimum standards stipulated under the applicable statutory regime Company for goods of that type then in force whereas directed by the customer c) Do not contain substances the storage of which require the obtaining of customs or any consent or licence outside the ordinary course of business of the company; d) Do not contain any substances which, if released from the packaging, would or may cause pollution of the environment or harm to human health; and will not require any special treatment save as may be agreed in writing between the parties or as provided for in the regulations. 4.2 The warranties made in the condition 4 .1 shall be made on the date of the contract and to be repeated each day the goods are received and/or stored by the Company. 4.3 Before the Company assumes any responsibilities for or by reference to the Goods, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, weight or condition of the Goods and nay statutory or other duties specific to the Goods with which the Company or others may need to comply, necessary purpose and will promptly after invoicing pay the Company’s reasonable extra charges for complying 4.4 The Customer will promptly after invoicing reimburse all duties, taxes and expenses that the Company may be required to pay in respect of the Goods including where the liability to pay them arises due to the fault, other act or omission of the Company or its employees or sub- contractors. 4.5 Except in the extent previously notified in detail to, and accepted by, the Company in writing none of the Goods: are hazardous or contaminated; may cause pollution to the environment or harm to human health if they escape from their packaging; require any official consent or licence to handle, posses, deal with or carry; will at any time whilst in the care or control of the Company Constitute Waste. 4.6 Where the Company is carrying the Goods the Customer will provide a risk assessment and method statement appropriate for the Goods and any location in which they are being handled. Unless otherwise previously agreed the Customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The Customer may have to pay demurrage to the Company’s standard rate if the vehicle is delayed beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused. 4.7 The Customer will comply with any reasonable regulations of the Company relating to handling, carriage, storage or forwarding of Goods (and ancillary matters) which are notified in writing from time to time. 4.8 Information given by or on the customer’s behalf shall be materially correct and complete. 4.9 The Customer will indemnify the Company against from any loss claims, losses, penalties, damages, expenses and / or damage it suffers as a result of carrying out the Customers instructions or which is related to any breach of the Customers obligations, and will pay all costs and expenses (including professional fees) fines whatsoever incurred in, and the company’s reasonable charges for, dealing with the breach and its consequences. The Customer will pay an extra charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach of any undertaking by the CustomerCustomer whether made negligently or otherwise; 10.1.6. If unless such services are rendered by the Company, the Customer warrants that Goods shall be appropriately prepared, packed, stowed, labelled and marked for transport having regard to the characteristics of the Goods; 10.1.7. where Goods are carried in or on containers, trailers, flats, railway wagons, tanks, igloos or any other unit load devices specifically constructed for the carriage of goods by land, sea or air (“Transport Unit”) then, unless the Company suspects a breach of condition 4, it may refuse has been given and accepted specific instructions to accept load the Goods, demand their immediate removal, or itself arrange their removal without notice, at the Customer’s expense. 4.10 In respect of all Goods delivered and/or to be delivered to the company at the request of the CustomerTransport Unit, the consignment note Customer warrants – 10.1.7.1. that the Transport Unit has been properly and competently loaded; 10.1.7.2. that the Goods involved are suitable for carriage in or equivalent document accompanying such on the Transport Unit; and 10.1.7.3. that the Transport Unit itself is in a suitable condition to carry the Goods gives a true, accurate loaded therein and complete description of the goods In question complied with all relevant transport authorities and in particular (but without prejudice to the generality of the foregoing as regards their nature, weight, quantity, condition, composition and dimensions)carriers. 4.11 The Customer will provide to the Company Traded Unit Codes and or Stock Keeping Unit Numbers for all Products in respect of which the Services are to be provided