Common use of Delivery and Default Clause in Contracts

Delivery and Default. 2.1 Prior to delivery to the Buyer, the Seller shall check and ensure that all Goods are properly packaged, packed, marked, labelled and stored in accordance with the specifications or recommendations of the manufacturer. 2.2 The Goods shall be delivered by the Seller in accordance with the specific requirements as set out in the Purchase Order, such as the type and quantity of the Goods, the location and time of delivery. Each delivery shall be accompanied by a copy of the corresponding Purchase Order. The Seller shall ensure that it obtains a receipt from the Buyer when the Goods are delivered, but such receipt shall not constitute an acknowledgement that the Goods therein mentioned are acceptable or satisfactory to the Buyer. 2.3 The Buyer may change any delivery schedule by prior notice to the Seller (whether in relation to the place or the time of delivery of all or part of the Goods covered by such Purchase Order). The Buyer may cancel any Purchase Order wholly or in part by notice to the Seller at any time after the issue of Purchase Order but before delivery of the Goods. 2.4 Following the receipt of a Purchase Order issued by the Buyer, if the Goods are not delivered within the required delivery time, the Buyer may, without prejudice to any other rights which the Buyer may have against the Seller, terminate the Purchase Order, or reject the Goods (in whole or in part) and return them to the Seller at the own risk and expense of the Seller, and/or recover from the Seller any costs incurred by the Buyer in obtaining substitute Goods from a third party.

Delivery and Default. 2.1 Prior to delivery to the Buyer, the Seller shall check and ensure that all Goods are properly packaged, packed, marked, labelled and stored in accordance with the specifications or recommendations Time is of the manufacturer. 2.2 The Goods shall be delivered by the Seller in accordance with the specific requirements as set out essence in the Purchase Order, such as the type and quantity performance of the Goods, the location and time of delivery. Each delivery shall be accompanied by a copy of the corresponding Purchase this Order. The Seller shall ensure that it obtains a receipt from the Buyer when the Goods are delivered, but such receipt Delivery shall not constitute an acknowledgement that the Goods therein mentioned are acceptable be deemed to be complete until goods or satisfactory to the Buyer. 2.3 The Buyer may change any delivery schedule services have actually been accepted by prior notice to the Seller (whether in relation to the place Xxxxx. Delivery of goods or services must be made within the time of delivery of all or part of specified in this Order. In the Goods covered by such Purchase Order). The Buyer may cancel event Seller for any Purchase Order wholly or reason anticipates difficulty in part by notice to the Seller at any time after the issue of Purchase Order but before delivery of the Goods. 2.4 Following the receipt of a Purchase Order issued by the Buyer, if the Goods are not delivered within complying with the required delivery timedate, or in meeting any of the other requirements of this Order, Seller shall promptly notify Buyer mayin writing. If Seller does not complete delivery within the time specified, without prejudice Buyer may require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this Order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this Order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights which the and remedies conferred by law or under this Order, to procure, upon such terms and in such manner as Buyer may have against deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in a writing signed by Xxxxx’s authorized representative, Seller shall not make material commitments or production arrangements in excess of the Seller, terminate the Purchase Order, or reject the Goods (in whole amount ordered or in partadvance of the time necessary to meet the agreed upon delivery schedule. It is Xxxxxx's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. Goods may not be shipped to Buyer more than ten (10) and return them days in advance of the time specified in this Order without Xxxxx’s prior written approval. Any unapproved shipments may be returned to the Seller at the own risk Seller's expense, shipping charges collect inclusive of customs fees and expense of the Sellerduty and taxes, and/or recover from the Seller any costs incurred by the Buyer in obtaining substitute Goods from a third partyif applicable.

Delivery and Default. 2.1 Prior to delivery to Time is of the essence in the performance of this order. Unless otherwise stated by Buyer, all goods must be shipped FCA Point of Manufacture (pursuant to INCOTERMS in effect on the date of Buyer’s purchase order). If the parties elect to ship DDU, Buyer shall prepare and file all import documentation. At all times, Seller shall check be responsible for preparing and ensure that filing all Goods are properly packagedexport documentation for all shipments. To the extent Seller is responsible for any transportation in connection with such shipments, packedSeller shall ship at the most advantageous rates unless otherwise authorized in writing by Buyer. Any extra expense in effecting delivery of goods not so shipped will be charged to Seller. Buyer may instruct Seller to ship goods to a third party selected by Buyer, markedincluding, labelled and stored without limitation, Buyer’s customers’ locations. Delivery shall not be deemed to be complete until goods or services have actually been accepted by Buyer or its representative. Delivery of goods or services must be made within the time specified in accordance with the specifications this order (or recommendations of the manufacturer. 2.2 The Goods shall be delivered by the Seller in accordance with the specific requirements as set out in the Purchase Order, such applicable change order as the type and quantity of the Goods, the location and time of delivery. Each delivery shall be accompanied by a copy of the corresponding Purchase Order. The Seller shall ensure that it obtains a receipt from the Buyer when the Goods are delivered, but such receipt shall not constitute an acknowledgement that the Goods therein mentioned are acceptable or satisfactory to the Buyer. 2.3 The Buyer case may change any delivery schedule by prior notice to the Seller (whether in relation to the place or the time of delivery of all or part of the Goods covered by such Purchase Orderbe). The Buyer may cancel In the event Seller for any Purchase Order wholly or reason anticipates difficulty in part by notice to the Seller at any time after the issue of Purchase Order but before delivery of the Goods. 2.4 Following the receipt of a Purchase Order issued by the Buyer, if the Goods are not delivered within complying with the required delivery timedate, or in meeting any of Buyer’s other requirements, then Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer maymay by written notice of default to Seller terminate the whole or any part of this order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this order. In the event of termination pursuant to this section, without prejudice Buyer shall have the right, in addition to any other rights which the and remedies conferred by law or under this order, to procure, upon such terms and in such manner as Buyer may have against the Seller, terminate the Purchase Order, or reject the Goods (in whole or in part) and return them to the Seller at the own risk and expense of the Seller, and/or recover from the Seller any costs incurred by the Buyer in obtaining substitute Goods from a third party.Annex B

Delivery and Default. 2.1 Prior to delivery to the Buyer, the Seller shall check and ensure that all Goods are properly packaged, packed, marked, labelled and stored in accordance with the specifications or recommendations Time is of the manufacturer. 2.2 The Goods shall be delivered by the Seller in accordance with the specific requirements as set out essence in the Purchase Order, such as performance of this order. All goods must be shipped at the type and quantity most advantageous rates unless otherwise authorized in writing by Buyer; any extra expense in effecting delivery of the Goods, the location and time of deliverygoods not so shipped will be charged to Seller. Each delivery shall be accompanied by a copy of the corresponding Purchase Order. The Seller shall ensure that it obtains a receipt from the Buyer when the Goods are delivered, but such receipt Delivery shall not constitute an acknowledgement that the Goods therein mentioned are acceptable be deemed to be complete until goods or satisfactory to the services have actually been accepted by Buyer. 2.3 The Buyer may change any delivery schedule by prior notice to the Seller (whether in relation to the place . Delivery of goods or services must be made within the time of delivery of all specified in this order or part of applicable order. In the Goods covered by such Purchase Order). The Buyer may cancel event Seller for any Purchase Order wholly or reason anticipates difficulty in part by notice to the Seller at any time after the issue of Purchase Order but before delivery of the Goods. 2.4 Following the receipt of a Purchase Order issued by the Buyer, if the Goods are not delivered within complying with the required delivery timedate, or in meeting any of the other requirements of this order, Seller shall promptly notify Buyer mayin writing. If Seller does not comply with Buyer’s delivery schedule, without prejudice Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights which the and remedies conferred by law or under this order, to procure, upon such terms and in such manner as Buyer may have against deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the Seller, terminate the Purchase Order, or reject the Goods (in whole amount or in part) and return them to the Seller at the own risk and expense advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedule, and/or recover from the Seller any costs incurred by the Buyer in obtaining substitute Goods from a third partybut not to anticipate Buyer's requirements.

Delivery and Default. 2.1 Prior to delivery to the Buyer, the Seller shall check and ensure that all Goods are properly packaged, packed, marked, labelled and stored in accordance with the specifications or recommendations Time is of the manufacturer. 2.2 The Goods shall be delivered by the Seller in accordance with the specific requirements as set out essence in the Purchase Order, such as the type and quantity performance of the GoodsAgreement. Unless provided otherwise in Buyer’s purchase order, all goods are to be shipped DDP, Incoterms 2010 (or its successor), and must be shipped at the location and time most advantageous rates; any extra expense in effecting delivery of deliverygoods not so shipped will be borne by Seller. Each delivery shall Delivery will not be accompanied deemed to be complete until goods or services have actually been accepted by a copy Buyer. Delivery of the corresponding Purchase Order. The Seller shall ensure that it obtains a receipt from the Buyer when the Goods are delivered, but such receipt shall not constitute an acknowledgement that the Goods therein mentioned are acceptable goods or satisfactory to the Buyer. 2.3 The Buyer may change any delivery schedule by prior notice to the Seller (whether in relation to the place or services must be made within the time of delivery of all or part of specified in Buyer’s purchase order. In the Goods covered by such Purchase Order). The Buyer may cancel event Seller for any Purchase Order wholly or reason anticipates difficulty in part by notice to the Seller at any time after the issue of Purchase Order but before delivery of the Goods. 2.4 Following the receipt of a Purchase Order issued by the Buyer, if the Goods are not delivered within complying with the required delivery timedate, or in meeting any of the other requirements of Buyer’s purchase order, Seller shall promptly notify Buyer mayin writing. If Seller does not comply with Buyer’s delivery schedule, without prejudice Buyer may require delivery by fastest way and charges resulting from the premium transportation shall be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of Buyer’s purchase order if (i) Seller fails to perform within the specified time (including any extension thereof agreed to in writing by Buyer), or (ii) Seller fails to perform any of the provisions of the Agreement. In the event of termination pursuant to this section, Buyer will have the right, in addition to any other rights which and remedies conferred by law or under the Agreement, to procure, upon such terms and in such manner as Buyer may have against deem appropriate, goods or services similar to those terminated, and Seller will be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the Seller, terminate the Purchase Order, or reject the Goods (in whole amount or in part) and return them to the Seller at the own risk and expense advance of the time necessary to meet the delivery schedule. It is Seller's responsibility to comply with the schedule set forth in Buyer’s purchase order, and/or recover from but not to anticipate Buyer's requirements not contained in the Seller any costs incurred by the Buyer in obtaining substitute Goods from a third partypurchase order.