Common use of DELIVERY AND COMPLETION Clause in Contracts

DELIVERY AND COMPLETION. 10.1. Except where this Agreement provides otherwise, the Supplier is responsible for ensuring that the Goods are properly packed and delivered by the date/s and/or time/s the Goods are required as specified in the Purchase Order and to the delivery address/es or Site/s as specified in the Purchase Order. If no time or place is specified in the Purchase Order, the Parties will use reasonable endeavours to agree such detail and, failing agreement, the delivery point will be the nearest branch office of the Company and the delivery time will be during normal business hours at that branch, subject to the Supplier giving the Company not less than 2 business days’ prior written notice of delivery. 10.2. The Supplier must immediately notify the Company of the date and time of each dispatch of Goods, including the Purchase Order number and quantity and description of Goods dispatched and the expected date and time of arrival. 10.3. Unless otherwise stated in the Purchase Order, any packaging materials become the Company’s property at the same time as the Goods. 10.4. The Supplier must comply with all applicable laws, regulations and generally accepted industry standards relating to the packing, packaging, marking, storage, handling, delivery and supply of the Goods. The Supplier must obtain and maintain any relevant government authorisations required in relation to the sourcing or supply of the Goods and comply with (and ensure the Goods comply with) any Site-specific specifications The Supplier must provide the Company with all necessary documentation evidencing compliance with this clause. 10.5. Unless otherwise specified in the Purchase Order, the Supplier must deliver the Goods at its cost and must either supply or engage all required delivery Personnel and equipment and provide all supervision necessary for the delivery of the Goods. In delivering the Goods, the Supplier must comply with clauses 5.1(a) to 5.1(j) as if such delivery were a Service provided under this Agreement. 10.6. The Supplier must supply a packing list, or delivery docket for each carton or box delivered to the Company. The packing list or delivery docket must be attached to the outside of the package of Goods in a waterproof envelope. 10.7. For consignments with a gross dead weight of more than 15 kilograms, the Supplier must clearly mark the Goods with a “Caution Heavy Load” sticker. 10.8. The Supplier shall ensure that the Goods are adequately protected from damage and deterioration during shipment and short-term storage having due regard for the conditions and environment at the Site or other location to which the Goods are delivered and areas through which the Goods will traverse, including climate, roads, and requirement for multiple handling. In packaging, marking and transporting the Goods, the Supplier must abide by applicable international and national laws regarding the transportation of Goods and the protection of safety, health and the environment. 10.9. All hazardous goods must be clearly labelled. If the Goods include or constitute dangerous, hazardous or toxic items, the Supplier must include safety data sheets and clearly mark or label the Goods with appropriate information, provide necessary shipping certification and otherwise comply with all applicable laws and governmental authorisations and requirements of the Company. Costs arising from failure of the Supplier to follow proper packaging, marking and transporting procedures and instructions as specified in the Purchase Order shall be for the account of the Supplier. 10.10. The Supplier shall be entitled to a reasonable extension of time for the performance of its obligations under this Agreement where any of the following causes delay to the Supplier’s performance and the Supplier provides evidence satisfactory to the Company of such delay and the actions taken by the Supplier to resolve or mitigate such delay: (a) any delay of the Company or any Company Personnel which prevents the Supplier, acting reasonably, from commencing or continuing to provide the Services or deliver the Goods where: (i) the Supplier has given written notice to the Company of such delay and what is required to be provided by the Company to allow the Supplier to commence or continue to provide the Goods and/or Services; and (ii) the Company has not used reasonable endeavours to rectify its delay within a reasonable period; or (b) suspension under clause 12 where the suspension of this Agreement is not in response to any default or misconduct on the part of the Supplier or its Personnel; 10.11. The Supplier must use best endeavours to mitigate the effect of any of the occurrences set out in clause 10.10. 10.12. The Company shall pay to the Supplier the reasonable direct costs (which must be substantiated to the reasonable satisfaction of the Company) of the Supplier as a result of obstruction and/or delay caused by the matters referred to in clause 10.10(a). 10.13. If the Goods are not delivered by date/s and/or time/s the Goods specified in the Purchase Order and to the delivery address/es or Site/s specified in the Purchase Order (or as otherwise required pursuant to this clause 10), the Company may refuse to take any subsequent attempted delivery of the Goods. 10.14. If the quantity of Goods delivered is greater than that specified in the Purchase Order, the excess quantity will be deemed supplied to the Company free of charge but otherwise on the terms of this Agreement. Notwithstanding the foregoing, the Company may in its discretion return any excess goods to the Supplier at the Supplier’s sole risk and expense. 10.15. If the quantity of Goods delivered is less than that specified in the Purchase Order, the Company may elect to either retain all or part of the Goods delivered and pay such portion of the Purchase Price as reasonably reflects the portion of the Goods retained or to not accept the Goods delivered and not pay the Purchase Price at all.

DELIVERY AND COMPLETION. 10.1. Except where this Agreement provides otherwise, the Supplier is responsible for ensuring that the Goods are properly packed and delivered by the date/s and/or time/s the Goods are required as specified in the Purchase Order and to the delivery address/es or Site/s as specified in the Purchase Order. If no time or place is specified in the Purchase Order, the Parties will use reasonable endeavours to agree such detail and, failing agreement, the delivery point will be the nearest branch office of the Company and the delivery time will be during normal business hours at that branch, subject to the Supplier giving the Company not less than 2 business days’ prior written notice of delivery. 10.2. The Supplier must immediately notify the Company of the date and time of each dispatch of Goods, including the Purchase Order number and quantity and description of Goods dispatched and the expected date and time of arrival. 10.3. Unless otherwise stated in the Purchase Order, any packaging materials become the Company’s property at the same time as the Goods. 10.4. The Supplier must comply with all applicable laws, regulations and generally accepted industry standards relating to the packing, packaging, marking, storage, handling, delivery and supply of the Goods. The Supplier must obtain and maintain any relevant government authorisations required in relation to the sourcing or supply of the Goods and comply with (and ensure the Goods comply with) any Site-specific specifications The Supplier must provide the Company with all necessary documentation evidencing compliance with this clause. 10.5. Unless otherwise another delivery method is specified in the Purchase Order, the Supplier must deliver the Goods at its cost and must either supply or engage all required delivery Personnel and equipment and provide all supervision necessary for the delivery of the Goods. In delivering the Goods, the Supplier must comply with clauses 5.1(a) to 5.1(j) as if such delivery were a Service provided under this Agreement. 10.6. The Supplier must supply a packing list, or delivery docket for each carton or box delivered to the Company. The packing list or delivery docket must be attached to the outside of the package of Goods in a waterproof envelope. 10.7. For consignments with a gross dead weight of more than 15 kilograms, the Supplier must clearly mark the Goods with a “Caution Heavy Load” sticker. 10.8. The Supplier shall ensure that the Goods are adequately protected from damage and deterioration during shipment and short-term storage having due regard for the conditions and environment at the Site or other location to which the Goods are delivered and areas through which the Goods will traverse, including climate, roads, and requirement for multiple handling. In packaging, marking and transporting the Goods, the Supplier must abide by applicable international and national laws regarding the transportation of Goods and the protection of safety, health and the environment. 10.9. All hazardous goods must be clearly labelled. If the Goods include or constitute dangerous, hazardous or toxic items, the Supplier must include safety data sheets and clearly mark or label the Goods with appropriate information, provide necessary shipping certification and otherwise comply with all applicable laws and governmental authorisations and requirements of the Company. Costs arising from failure of the Supplier to follow proper packaging, marking and transporting procedures and instructions as specified in the Purchase Order shall be for the account of the Supplier. 10.10. The Supplier shall be entitled to a reasonable extension of time for the performance of its obligations under this Agreement where any of the following causes delay to the Supplier’s performance and the Supplier provides evidence satisfactory to the Company of such delay and the actions taken by the Supplier to resolve or mitigate such delay: (a) any act, matter or thing, other than conduct of the Supplier or its Personnel, which could not have been reasonably foreseen or discovered by the Supplier as at the date of the Purchase Order; (b) change in law which the Supplier can demonstrate (to the reasonable satisfaction of the Company) was not known or anticipated at the date of the Purchase Order and which materially affects the timeframe for performance by the Supplier and cannot be negated by the Supplier acting reasonably; (c) any delay of the Company or any Company Personnel which prevents the Supplier, acting reasonably, from commencing or continuing to provide the Services or deliver the Goods where:Goods; (i) the Supplier has given written notice to the Company of such delay and what is required to be provided by the Company to allow the Supplier to commence or continue to provide the Goods and/or Services; and (ii) the Company has not used reasonable endeavours to rectify its delay within a reasonable period; or (bd) suspension under clause 12 where the suspension 12; (e) delay in processes of this Agreement is governmental bodies which was not in response caused or contributed to any default or misconduct on the part of by the Supplier or its Personnel;Personnel in any way and which the Supplier can demonstrate (to the reasonable satisfaction of the Company) affects the timeframe for performance by the Supplier and cannot be negated by the Supplier acting reasonably. 10.11. The Supplier must use best endeavours to mitigate the effect of any of the occurrences set out in clause 10.10. 10.12. The Company shall pay to the Supplier the reasonable direct costs (which must be substantiated to the reasonable satisfaction of the Company) of the Supplier If as a result of obstruction and/or a delay caused by the matters referred to in clause 10.10(a). 10.13. If the Goods are not delivered by date/s and/or time/s the Goods specified in the Purchase Order and to the delivery address/es or Site/s specified in the Purchase Order 10.10 (or as otherwise required other than a delay pursuant to this clause 1010.10(c) or 10.10(d), ) the Company may refuse extension of time to take any subsequent attempted delivery of the Goods. 10.14. If the quantity of Goods delivered is greater than that specified in the Purchase Order, the excess quantity will be deemed supplied to the Company free of charge but otherwise on the terms of this Agreement. Notwithstanding the foregoing, the Company may in its discretion return any excess goods granted to the Supplier at the Supplier’s sole risk and expense. 10.15. If the quantity of Goods delivered is less than that specified in the Purchase Order, the Company may elect pursuant to either retain all or part of the Goods delivered and pay such portion of the Purchase Price as reasonably reflects the portion of the Goods retained or to not accept the Goods delivered and not pay the Purchase Price at all.clause

DELIVERY AND COMPLETION. ‌ 10.1. Except where this Agreement provides otherwise, the Supplier is responsible for ensuring that the Goods are properly packed and delivered by the date/s and/or time/s the Goods are required as specified in the Purchase Order and to the delivery address/es or Site/s as specified in the Purchase Order. If no time or place is specified in the Purchase Order, the Parties will use reasonable endeavours to agree such detail and, failing agreement, the delivery point will be the nearest branch office of the Company and the delivery time will be during normal business hours at that branch, subject to the Supplier giving the Company not less than 2 business days’ prior written notice of delivery. 10.2. The Supplier must immediately notify the Company of the date and time of each dispatch of Goods, including the Purchase Order number and quantity and description of Goods dispatched and the expected date and time of arrival. 10.3. Unless otherwise stated in the Purchase Order, any packaging materials become the Company’s property at the same time as the Goods. 10.4. The Supplier must comply with all applicable laws, regulations and generally accepted industry standards relating to the packing, packaging, marking, storage, handling, delivery and supply of the Goods. The Supplier must obtain and maintain any relevant government authorisations required in relation to the sourcing or supply of the Goods and comply with (and ensure the Goods comply with) any Site-specific specifications The Supplier must provide the Company with all necessary documentation evidencing compliance with this clause. 10.5. Unless otherwise another delivery method is specified in the Purchase Order, the Supplier must deliver the Goods at its cost and must either supply or engage all required delivery Personnel and equipment and provide all supervision necessary for the delivery of the Goods. In delivering the Goods, the Supplier must comply with clauses 5.1(a5.2(a) to 5.1(j5.2(j) as if such delivery were a Service provided under this Agreement. 10.6. The Supplier must supply a packing list, or delivery docket for each carton or box delivered to the Company. The packing list or delivery docket must be attached to the outside of the package of Goods in a waterproof envelope. 10.7. For consignments with a gross dead weight of more than 15 kilograms, the Supplier must clearly mark the Goods with a “Caution Heavy Load” sticker. 10.8. The Supplier shall ensure that the Goods are adequately protected from damage and deterioration during shipment and short-term storage having due regard for the conditions and environment at the Site or other location to which the Goods are delivered and areas through which the Goods will traverse, including climate, roads, and requirement for multiple handling. In packaging, marking and transporting the Goods, the Supplier must abide by applicable international and national laws regarding the transportation of Goods and the protection of safety, health and the environment. 10.9. All hazardous goods must be clearly labelled. If the Goods include or constitute dangerous, hazardous or toxic items, the Supplier must include safety data sheets and clearly mark or label the Goods with appropriate information, provide necessary shipping certification and otherwise comply with all applicable laws and governmental authorisations and requirements of the Company. Costs arising from failure of the Supplier to follow proper packaging, marking and transporting procedures and instructions as specified in the Purchase Order shall be for the account of the Supplier. 10.10. The Supplier shall be entitled to a reasonable extension of time for the performance of its obligations under this Agreement where any of the following causes delay to the Supplier’s performance and the Supplier provides evidence satisfactory to the Company of such delay and the actions taken by the Supplier to resolve or mitigate such delay:delay:‌ (a) any act, matter or thing, other than conduct of the Supplier or its Personnel, which could not have been reasonably foreseen or discovered by the Supplier as at the date of the Purchase Order; (b) change in law which the Supplier can demonstrate (to the reasonable satisfaction of the Company) was not known or anticipated at the date of the Purchase Order and which materially affects the timeframe for performance by the Supplier and cannot be negated by the Supplier acting reasonably; (c) any delay of the Company or any Company Personnel which prevents the Supplier, acting reasonably, from commencing or continuing to provide the Services or deliver the Goods where:Goods;‌ (i) the Supplier has given written notice to the Company of such delay and what is required to be provided by the Company to allow the Supplier to commence or continue to provide the Goods and/or Services; and (ii) the Company has not used reasonable endeavours to rectify its delay within a reasonable period; or (bd) suspension under clause 12 where the suspension of this Agreement is not in response to any default or misconduct on the part of the Supplier or its Personnel;Personnel;‌ (e) delay in processes of governmental bodies which was not caused or contributed to by the Supplier or its Personnel in any way and which the Supplier can demonstrate (to the reasonable satisfaction of the Company) affects the timeframe for performance by the Supplier and cannot be negated by the Supplier acting reasonably. 10.11. The Supplier must use best endeavours to mitigate the effect of any of the occurrences set out in clause 10.10. 10.12. The Company shall pay to the Supplier the reasonable direct costs (which must be substantiated to the reasonable satisfaction of the Company) of the Supplier If as a result of obstruction and/or a delay caused by the matters referred to in clause 10.10(a). 10.13. If the Goods are not delivered by date/s and/or time/s the Goods specified in the Purchase Order and to the delivery address/es or Site/s specified in the Purchase Order 10.10 (or as otherwise required other than a delay pursuant to this clause 1010.10(c) or 10.10(d), ) the Company may refuse extension of time to take any subsequent attempted delivery of the Goods. 10.14. If the quantity of Goods delivered is greater than that specified in the Purchase Order, the excess quantity will be deemed supplied to the Company free of charge but otherwise on the terms of this Agreement. Notwithstanding the foregoing, the Company may in its discretion return any excess goods granted to the Supplier at the Supplier’s sole risk and expense. 10.15. If the quantity of Goods delivered is less than that specified in the Purchase Order, the Company may elect pursuant to either retain all or part of the Goods delivered and pay such portion of the Purchase Price as reasonably reflects the portion of the Goods retained or to not accept the Goods delivered and not pay the Purchase Price at all.clause