Common use of DELAYS IN DELIVERY Clause in Contracts

DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines. 6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where the commencement of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment. 6.3. Absent any specific period set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been fulfilled within six (6) months from its conclusion, said Contract shall be null and void and the Seller and the Buyer hereby waive any claim for damages in relation thereto. 6.4. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller. 6.5. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-mobilization costs, travel and transportation costs. 6.6. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Seller’s (or its subcontractors’) employees. The Buyer therefore recognizes that such circumstances shall be considered as a cause for excusable delay not exposing Seller to contractual sanctions including without limitation, delay penalties, liquidated or other damages or termination for default.

DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines. 6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where the commencement of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment. 6.36.2. Absent Unless any specific period periods were set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been requirements set forth under Article 6.2 are fulfilled within six (6) months from its conclusionthe conclusion of the Contract, said Contract shall be null and void and the Seller is entitled to rescind the Contract; the Seller and the Buyer hereby waive any claim for damages in relation thereto, provided that the respectively other Party is not responsible therefor. 6.4. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller. 6.56.3. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time for performance and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-mobilization costs, travel and transportation costs, pursuant to the statutory provisions. 6.66.4. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Seller’s (or its subcontractors’) employees. The Buyer therefore recognizes acknowledges that such these circumstances constitute reasons for a delay without fault with respect to which it is not possible to assert damages, provided that the Seller is not responsible therefor. This shall be considered as a cause also apply to any penalties for excusable delay not exposing Seller to contractual sanctions including without limitationdelay, delay penalties, liquidated or other damages or termination for defaultif agreedupon.

DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines. 6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where the commencement of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment. 6.36.2. Absent Unless any specific period periods were set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been requirements set forth under Article 6.2 are fulfilled within six (6) months from its conclusionthe conclusion of the Contract, said Contract shall be null and void and the Seller is entitled to rescind the Contract; the Seller and the Buyer hereby waive any claim for damages in relation thereto, provided that the respectively other Party is not responsible therefor. 6.4. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller. 6.56.3. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time for performance and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-re- mobilization costs, travel and transportation costs, pursuant to the statutory provisions. 6.66.4. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Seller’s (or its subcontractors’) employees. The Buyer therefore recognizes acknowledges that such these circumstances constitute reasons for a delay without fault with respect to which it is not possible to assert damages, provided that the Seller is not responsible therefor. This shall be considered as a cause also apply to any penalties for excusable delay not exposing Seller to contractual sanctions including without limitationdelay, delay penalties, liquidated or other damages or termination for defaultif agreed upon.

DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines. 6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where the commencement of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment.the 6.36.2. Absent Unless any specific period periods were set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been requirements set forth under Article 6.2 are fulfilled within six (6) months from its conclusionthe conclusion of the Contract, said Contract shall be null and void and the Seller is entitled to rescind the Contract; the Seller and the Buyer hereby waive any claim for damages in relation thereto, provided that the respectively other Party is not responsible therefor. 6.46.3. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller. 6.56.4. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time for performance and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-mobilization costs, travel and transportation costs, pursuant to the statutory provisions. 6.66.5. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Seller’s (or its subcontractors’) employees. The Buyer therefore recognizes acknowledges that such these circumstances constitute reasons for a delay without fault with respect to which it is not possible to assert damages, provided that the Seller is not responsible therefor. This shall be considered as a cause also apply to any penalties for excusable delay not exposing Seller to contractual sanctions including without limitationdelay, delay penalties, liquidated or other damages or termination for defaultif agreed upon.

DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines. 6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where providing (i) any fluctuation in the commencement currency exchange rates applicable at the date of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment.Contract; 6.3. Absent any specific period set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been fulfilled within six (6) months from its conclusion, said Contract shall be null and void automatically terminated and the Seller and the Buyer hereby waive any claim for damages in relation thereto. 6.4. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the net price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this net price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller. 6.5. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-mobilization costs, travel and transportation costs. 6.6. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Seller’s (or its subcontractors’) employees. The Buyer therefore recognizes that such circumstances shall be considered as a cause for excusable delay not exposing Seller to contractual sanctions including without limitation, delay penalties, liquidated or other damages or termination for default.