Common use of Delivery and Delay Clause in Contracts

Delivery and Delay. 4.1 Unless otherwise specified in the Purchase Order, Goods must be delivered DDP (adequately packaged and protected to ensure safe delivery) to the delivery point and by the delivery date(s) specified in the Purchase Order. 4.2 The Supplier will be required to comply with all occupational health and safety requirements of the Customer (including completion of site induction processes) prior to it, its agents or contractors delivering the Goods in accordance with this Agreement. 4.3 The Supplier must take all reasonable steps to minimise or prevent any delay in the performance of the Services or the delivery of the Goods. The Customer may grant an extension of time to the nominated delivery date provided or in the performance of the Services provided: (a) the delay is caused by any breach or act of prevention by the Customer, (without fault of the Supplier); and (b) the Supplier has notified the Customer in writing within seven (7) days of the delay occurring (or such other time as may be specified in the Purchase Order) of its claim for an extension of time. The Customer shall not be liable for any extension of time claim that is not lodged in writing with the Customer within seven (7) days of the delay occurring. 4.4 The Customer may, in its absolute discretion (and with no obligation to do so) extend the time for performance or delivery for any other reason at any time. 4.5 If the Supplier fails to perform the services in a timely fashion or fails to deliver the Goods by the specified delivery date(s) (except where the Supplier is granted an extension of time in accordance with this Agreement), the Customer may: (a) terminate the Purchase Order either in whole or in part for default, in accordance with the provisions of clause 6.1; or (b) claim from the Supplier, liquidated damages and the Supplier will be immediately liable to pay the Customer liquidated damages at the applicable rate specified in the Purchase Order (and if no such rate is specified 0.5% of the Purchase Order price per date for each date of delay beyond the stated delivery date detailed within the Purchase Order). The Supplier will not be liable for liquidated damages to the extent that the delay is due to a breach of this Agreement of a Purchase Order by the Customer or any negligent act or omission of the Customer; and (c) the parties agree (which is acknowledged by the acceptance by the Supplier of the Purchase Order) that the amount of liquidated damages referred to in this Agreement and any Purchase Order constitutes a reasonable and good faith pre-estimate of the anticipated or actual loss or damage that will be incurred by the Customer as a result of the Supplier’s failure to complete a Purchase Order by the delivery dates required by such Purchase Order and are reasonable and do not constitute and are not intended to be a penalty.

Delivery and Delay. 4.1 Unless otherwise specified provided in Annex A, all shipments of the Goods shall be shipped by the Supplier DDP Seoul Headquarters of GGGI (INCOTERMS 2010). Without in any way limiting sub-Clause (a) above, all transportation charges, import and export duties, insurance costs and any other costs and charges on the Goods delivered shall be borne by the Supplier. The Goods shall be packed in standard packing conditions according to international commercial and industrial practice for international shipment. Without prejudice to foregoing, the Supplier shall apply proper anti-erosion and/or anti-rust compounds or coating, protective waterproof wrapping and/or packing, as the case may be. The original copies of the invoices and packing lists are to be packed with the Goods, duplicates and other documents as required by the Supplier are to be sent separately and as quickly as possible in order to reach GGGI before the shipment arrives in the Purchase Orderdestination. The Supplier shall inform GGGI of shipping details, including xxxx of lading numbers, and number of packages, and its expected date of departure and arrival by email or facsimile within twenty-four (24) hours after the original shipping date. Time is of the essence. Delivery of the Goods must shall be delivered DDP (adequately packaged and protected to ensure safe delivery) to the delivery point and made by the delivery date(sSupplier on the Delivery Date or Dates that GGGI has required in Annex A. If the Supplier or its subcontractor(s) specified in the Purchase Order. 4.2 The Supplier will be required to comply with all occupational health and safety requirements of the Customer (including completion of site induction processes) prior to it, its agents or contractors delivering the Goods in accordance with this Agreement. 4.3 The Supplier must take all reasonable steps to minimise or prevent any delay in the performance of the Services or the encounters conditions impeding timely delivery of the Goods. The Customer may grant an extension of time to , the nominated delivery date provided or Supplier shall notify GGGI in writing and at the performance soonest opportunity of the Services provided: (a) the delay is caused by any breach or act of prevention by the Customer, (without fault fact of the Supplierdelay, its likely duration and cause(s); and (b) . GGGI shall evaluate the situation and advise the Supplier has notified if the Customer Delivery Date or Dates can be extended. Delay in writing within seven (7) days of the delay occurring (or such other time as may be specified in the Purchase Order) of its claim for an extension of time. The Customer delivery shall not be liable for any extension of time claim that is not lodged in writing with the Customer within seven (7) days of the delay occurring. 4.4 The Customer may, in its absolute discretion (and with no obligation to do so) extend the time for performance or delivery for any other reason at any time. 4.5 If render the Supplier fails to perform the services in a timely fashion or fails to deliver the Goods by the specified delivery date(s) (except where the Supplier is granted an extension of time in accordance with this Agreement), the Customer may: (a) terminate the Purchase Order either in whole or in part for default, in accordance with the provisions of clause 6.1; or (b) claim from the Supplier, liquidated damages and the Supplier will be immediately liable to pay the Customer liquidated damages at the applicable rate specified in the Purchase Order (and if no such rate is specified 0.5% of the Purchase Order price per date for each date of delay beyond the stated delivery date detailed within the Purchase Order). The Supplier will not be liable for liquidated damages to provided in Clause G-9 below, unless GGGI extends the extent time of performance or when GGGI determines that the delay is was due to a breach of this Agreement of a Purchase Order by Force Majeure, as defined in Clause G-15. Delay may constitute default that may result in terminating the Customer or any negligent act or omission of the Customer; and (c) the parties agree (which is acknowledged by the acceptance by the Supplier of the Purchase Order) that the amount of liquidated damages referred to in this Agreement and any Purchase Order constitutes a reasonable and good faith pre-estimate of the anticipated or actual loss or damage that will be incurred by the Customer as a result of Contract, forfeiting the Supplier’s failure 's Performance Security and/or awarding the Contract to complete a Purchase Order by the delivery dates required by such Purchase Order and are reasonable and do not constitute and are not intended to be a penaltyanother qualified Supplier.

Delivery and Delay. 4.1 Unless otherwise specified provided in Annex A, all shipments of the Purchase Order, Goods must shall be delivered DDP (adequately packaged and protected to ensure safe delivery) to the delivery point and shipped by the delivery date(s) specified in the Purchase Order. 4.2 Supplier DDP Seoul Headquarters of GGGI (INCOTERMS 2010). The Supplier will be required to comply with all occupational health and safety requirements GGGI have agreed that the Supplier shall arrange for carriage of the Customer Goods from the Supplier to GGGI through a carrier the name of which the Supplier shall notify GGGI. Without in any way limiting sub-Clause (including completion of site induction processesa) prior to itabove, its agents or contractors delivering all transportation charges, import and export duties, insurance costs and any other costs and charges on the Goods delivered shall be borne by the Supplier. The Goods shall be packed in a manner adequate to protect the Goods and in standard packing conditions in accordance with this Agreement. 4.3 international commercial and industrial practice for international shipment or, where the Goods are being shipped locally only, in standard packing conditions according to local commercial and industrial practices. Without prejudice to foregoing, the Supplier shall apply proper anti-erosion and/or anti-rust compounds or coating, protective waterproof wrapping and/or packing, as the case may be. The original copies of the invoices and packing lists are to be packed with the Goods, duplicates and other documents as required by the Supplier are to be sent separately and as quickly as possible in order to reach GGGI before the shipment arrives in the destination. The Supplier must take all reasonable steps to minimise shall inform GGGI of shipping details, including xxxx of lading numbers, and number of packages, and its expected date of departure and arrival by email or prevent any delay in facsimile within twenty-four (24) hours after the performance original shipping date. The Parties mutually agree that time is of the Services essence. Delivery of the Goods shall be made by the Supplier on the Delivery Date or Dates specified in Annex A. If the Supplier or its subcontractor(s) encounters conditions impeding timely delivery of the Goods. The Customer may grant an extension of time to , the nominated delivery date provided or in the performance Supplier shall, immediately upon becoming aware of the Services provided: (a) the delay is caused by any breach or act of prevention by the Customerpotential delay, (without fault notify GGGI in writing of the Supplierdelay, its likely duration and cause(s); and (b) . GGGI shall evaluate the situation and advise the Supplier has notified if the Customer Delivery Date or Dates can be extended. Delay in writing within seven (7) days of the delay occurring (or such other time as may be specified in the Purchase Order) of its claim for an extension of time. The Customer delivery shall not be liable for any extension of time claim that is not lodged in writing with the Customer within seven (7) days of the delay occurring. 4.4 The Customer may, in its absolute discretion (and with no obligation to do so) extend the time for performance or delivery for any other reason at any time. 4.5 If render the Supplier fails to perform the services in a timely fashion or fails to deliver the Goods by the specified delivery date(s) (except where the Supplier is granted an extension of time in accordance with this Agreement), the Customer may: (a) terminate the Purchase Order either in whole or in part for default, in accordance with the provisions of clause 6.1; or (b) claim from the Supplier, liquidated damages and the Supplier will be immediately liable to pay the Customer liquidated damages at the applicable rate specified in the Purchase Order (and if no such rate is specified 0.5% of the Purchase Order price per date for each date of delay beyond the stated delivery date detailed within the Purchase Order). The Supplier will not be liable for liquidated damages provided in Clause G-5 below, unless GGGI has extended the time of performance pursuant to the extent paragraph (f) above or GGGI has determined that the delay is was due to a breach of this Agreement of a Purchase Order by the Customer or any negligent act or omission Force Majeure, as defined in Clause G-16. Delay may constitute default that may result in termination of the Customer; and (c) Contract under Clause G-16[, forfeiting the parties agree (which is acknowledged by Supplier's Performance Security,] and/or the acceptance by the Supplier award of the Purchase Order) that the amount of liquidated damages referred Contract to in this Agreement and any Purchase Order constitutes a reasonable and good faith pre-estimate of the anticipated or actual loss or damage that will be incurred by the Customer as a result of the another qualified Supplier’s failure to complete a Purchase Order by the delivery dates required by such Purchase Order and are reasonable and do not constitute and are not intended to be a penalty.

Delivery and Delay. 4.1 (a) Unless otherwise specified provided in Annex A, all shipments of the Goods shall be shipped by the Supplier DDP Seoul Headquarters of GGGI (INCOTERMS 2010). (b) Without in any way limiting sub-Clause (a) above, all transportation charges, import and export duties, insurance costs and any other costs and charges on the Goods delivered shall be borne by the Supplier. (c) The Goods shall be packed in standard packing conditions according to international commercial and industrial practice for international shipment. Without prejudice to foregoing, the Supplier shall apply proper anti-erosion and/or anti-rust compounds or coating, protective waterproof wrapping and/or packing, as the case may be. (d) The original copies of the invoices and packing lists are to be packed with the Goods, duplicates and other documents as required by the Supplier are to be sent separately and as quickly as possible in order to reach GGGI before the shipment arrives in the Purchase Orderdestination. The Supplier shall inform GGGI of shipping details, including xxxx of lading numbers, and number of packages, and its expected date of departure and arrival by email or facsimile within twenty-four (24) hours after the original shipping date. (e) Time is of the essence. Delivery of the Goods must shall be delivered DDP (adequately packaged and protected to ensure safe delivery) to the delivery point and made by the delivery date(sSupplier on the Delivery Date or Dates that GGGI has required in Annex A. (f) specified in If the Purchase Order. 4.2 The Supplier will be required to comply with all occupational health and safety requirements of the Customer (including completion of site induction processesor its subcontractor(s) prior to it, its agents or contractors delivering the Goods in accordance with this Agreement. 4.3 The Supplier must take all reasonable steps to minimise or prevent any delay in the performance of the Services or the encounters conditions impeding timely delivery of the Goods. The Customer may grant an extension of time to , the nominated delivery date provided or Supplier shall notify GGGI in writing and at the performance soonest opportunity of the Services provided:fact of the delay, its likely duration and cause(s). GGGI shall evaluate the situation and advise the Supplier if the Delivery Date or Dates can be extended. (ag) the delay is caused by any breach or act of prevention by the Customer, (without fault of the Supplier); and (b) Delay in delivery shall render the Supplier has notified the Customer in writing within seven (7) days of the delay occurring (or such other time as may be specified in the Purchase Order) of its claim for an extension of time. The Customer shall not be liable for any extension of time claim that is not lodged in writing with the Customer within seven (7) days of the delay occurring. 4.4 The Customer may, in its absolute discretion (and with no obligation to do so) extend the time for performance or delivery for any other reason at any time. 4.5 If the Supplier fails to perform the services in a timely fashion or fails to deliver the Goods by the specified delivery date(s) (except where the Supplier is granted an extension of time in accordance with this Agreement), the Customer may: (a) terminate the Purchase Order either in whole or in part for default, in accordance with the provisions of clause 6.1; or (b) claim from the Supplier, liquidated damages and the Supplier will be immediately liable to pay the Customer liquidated damages at the applicable rate specified in the Purchase Order (and if no such rate is specified 0.5% of the Purchase Order price per date for each date of delay beyond the stated delivery date detailed within the Purchase Order). The Supplier will not be liable for liquidated damages to provided in Clause G-9 below, unless GGGI extends the extent time of performance or when GGGI determines that the delay is was due to a breach of this Agreement of a Purchase Order by the Customer or any negligent act or omission of the Customer; andForce Majeure, as defined in Clause G-15. (ch) Delay may constitute default that may result in terminating the parties agree (which is acknowledged by the acceptance by the Supplier of the Purchase Order) that the amount of liquidated damages referred to in this Agreement and any Purchase Order constitutes a reasonable and good faith pre-estimate of the anticipated or actual loss or damage that will be incurred by the Customer as a result of Contract, forfeiting the Supplier’s failure 's Performance Security and/or awarding the Contract to complete a Purchase Order by the delivery dates required by such Purchase Order and are reasonable and do not constitute and are not intended to be a penaltyanother qualified Supplier.