Common use of Delivery and Performance Clause in Contracts

Delivery and Performance. 7.1. The Supplier shall ensure that, at all times, it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations in these Terms. 7.2. The date for delivery of the Goods or the performance of the Services shall be the date specified in the Purchase Order or as agreed between the Parties, in writing, from time to time. 7.3. In respect of the delivery of the Goods the Parties agree to apply the terms of Incoterms 2020, being the official rules for the interpretation of trade terms issued by the International Chamber of Commerce and the Purchase Order will set out the relevant Incoterms that are applicable. 7.4. Goods shall be delivered and/or Services performed during the Company’s normal business hours at the stipulated place of delivery or the stipulated site of performance (as the case may be). 7.5. Against delivery of Goods to the Company by the Supplier, the Company shall issue the Supplier with a written delivery receipt signed by an authorised representative of the Company, against which ownership of, and all risk in and to, the Goods shall pass to the Company. 7.6. Acceptance of delivery shall only amount to an acknowledgment by the Company that the Goods of the quantity and nature stated in the Purchase Order were received and shall not amount to an acknowledgement that the Goods met the quality and/or Specifications. 7.7. Without prejudice to any of the Company’s other rights under these Terms or its remaining rights in law, if Goods delivered do not substantially comply with the Purchase Order and/or Specifications (if any), the Company shall be entitled to tender the return of the Goods to the Supplier, within 30 (thirty) days of delivery, in which event: 7.7.1. the Company shall not be liable for payment in respect of the Goods returned; 7.7.2. the Goods shall be returned at the cost of the Supplier; 7.7.3. all risk in respect of ▇▇▇▇▇ returned shall pass to the Supplier, upon notice by the Company to the Supplier that the Goods have been rejected and are available for collection at the premises to which they were delivered by the Supplier; and 7.7.4. ownership of the rejected Goods shall pass from the Company to the Supplier upon collection of those Goods.

Delivery and Performance. 7.1. The Supplier shall ensure that5.1 Whilst the Company will reasonably endeavour to provide the Supplies in accordance with the Customer's requirements, at all timesthe Company will not be liable for any consequences of any delay in the provision of the Supplies, it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations in these Termshowsoever caused. 7.2. 5.2 The date for delivery of the Goods or and the performance of the Services shall be take place at the date specified in the Purchase Order or as agreed between the Parties, in writing, from time to timeSite. 7.3. In respect of the delivery of the Goods the Parties agree to apply the terms of Incoterms 2020, being the official rules for the interpretation of trade terms issued by the International Chamber of Commerce and the Purchase Order will set out the relevant Incoterms that are applicable. 7.4. Goods shall be delivered and/or Services performed during 5.3 If so stipulated in the Company’s normal business hours written acknowledgment of order, the Customer shall provide at the stipulated place of delivery or Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading and reloading the stipulated site of performance (as the case may be)Goods. 7.5. Against 5.4 If delivery of Goods involves difficult access to or at the Company by Delivery Point and/or the SupplierDelivery Point is located at an unreasonable distance from any feasible vehicular access point, the Company reserves the right to levy an extra delivery charge. 5.5 The Company may deliver the Goods by separate instalments and perform the Services in separate tranches. Each separate instalment shall issue be invoiced and paid for in accordance with the Supplier with a written delivery receipt signed by an authorised representative provisions of the CompanyContract. 5.6 Each instalment shall be a separate contract. 5.7 No cancellation or termination of any one contract relating to an instalment shall entitle the Customer to repudiate or cancel any other contract or instalment. 5.8 If for any reason the Customer fails to accept delivery of any of the Goods, against which ownership ofor the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, and all documents, licences or authorisations, the Company will charge the Customer an abortive delivery charge and: (a) risk in and to, the Goods shall pass to the Customer (including for loss or damage caused by the Company's negligence); (b) the Goods shall be deemed to have been delivered; and (c) the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including storage and insurance); or (d) sell the Goods at the best price readily obtainable and (after deducting any reasonable costs and expenses in connection with the storage and expedited sale of the Goods), charge the Customer for any shortfall below the Contract price for the Goods. 7.65.9 Prior to performance of the Services, the Customer shall remove any item and make good any condition at or adjacent to the Site that could obstruct the performance of the Services. Acceptance of delivery shall only amount to an acknowledgment by If the Company that discovers or is notified of, before or during the Goods performance of the quantity and nature stated in Services, any obstruction, condition, hazard or other problem at or adjacent to the Purchase Order were received and shall not amount to an acknowledgement that the Goods met the quality and/or Specifications. 7.7. Without prejudice to any of Site which materially affects the Company’s other rights under these Terms or its remaining rights ability to undertake the Services in law, if Goods delivered do not substantially comply accordance with the Purchase Order and/or Specifications (if any)Company’s standards at the Contract price, it shall be free to vary the Contract price, notwithstanding that the obstruction, condition, hazard or other problem may have existed prior to acceptance of the Customer’s order or may have arisen subsequently. Any additional costs caused by any delay or hindrance in the performance of the Services, or any interruption or suspension of performance, at or adjacent to the Site for reasons beyond the control of the Company shall be entitled treated as a variation to tender the return Customer’s original order, the Customer shall be liable for any such additional costs and an appropriate extension of time for completion of the Goods to Services shall be agreed in respect of any such variation. 5.10 If the SupplierCompany's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, within 30 (thirty) days of deliveryits agents, in which event: 7.7.1. subcontractors, consultants or employees, the Company shall not be liable for payment in respect of the Goods returned; 7.7.2. the Goods shall be returned at the cost of the Supplier; 7.7.3. all risk in respect of ▇▇▇▇▇ returned shall pass to the Supplierany costs, upon notice charges or losses sustained or incurred by the Company to the Supplier that the Goods have been rejected and are available for collection at the premises to which they were delivered by the Supplier; and 7.7.4. ownership of the rejected Goods shall pass Customer arising directly or indirectly from the Company to the Supplier upon collection of those Goodssuch prevention or delay.

Delivery and Performance. 7.1. The Supplier shall ensure that, at all times, it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations in these Terms. 7.2. The date for delivery of the Goods or the performance of the Services shall be the date specified in the Purchase Order or as agreed between the Parties, in writing, from time to time. 7.3. In respect of the delivery of the Goods the Parties agree to apply the terms of Incoterms 20202010, being the official rules for the interpretation of trade terms issued by the International Chamber of Commerce and the Purchase Order will set out the relevant Incoterms that are applicable. 7.4. Goods shall be delivered and/or and Services performed during the CompanyFCC’s normal business hours at the stipulated place of delivery or the stipulated site place of performance (as the case may be). 7.5. Against delivery of Goods to the Company FCC by the Supplier, the Company FCC shall issue the Supplier with a written delivery receipt signed by an authorised representative of the CompanyFCC, against which ownership of, and all risk in and to, the Goods shall pass to the CompanyFCC. 7.6. Acceptance of delivery shall only amount to an acknowledgment by the Company FCC that the Goods of the quantity and nature stated in the Purchase Order were received and shall not amount to an acknowledgement that the Goods met the quality and/or Specifications. 7.7. Without prejudice to any of the CompanyFCC’s other rights under these Terms or its remaining rights in law, if Goods delivered do not substantially comply with the Purchase Order and/or Specifications (if any), the Company FCC shall be entitled to tender the return of the Goods to the Supplier, within 30 14 (thirtyfourteen) days of delivery, in which event:event:‌ 7.7.1. the Company FCC shall not be liable for payment in respect of the Goods returned; 7.7.2. the Goods shall be returned at the cost of the Supplier; 7.7.3. all risk in respect of ▇▇▇▇▇ Goods returned shall pass to the Supplier, upon notice by the Company FCC to the Supplier that the Goods have been rejected and are available for collection at the premises to which they were delivered by the Supplier; and 7.7.4. ownership of the rejected Goods shall pass from the Company FCC to the Supplier upon collection of those Goods.

Delivery and Performance. 7.15.1 Delivery of the Goods shall unless otherwise agreed be made by a third party to the location specified in the Order to a UK mainland location. 5.2 If the Customer fails to take delivery of the Goods at the date(s) stated for delivery in the Contract or fails to give the Supplier adequate delivery instructions or access to the Customer’s premises so that the Goods can be delivered, then in addition to any other right or remedy available to the Supplier, the Supplier may: (a) store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or (b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage, selling and associated expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; And the Supplier shall not be liable for any non-delivery of Goods where such non-delivery of Goods results from any failure, default or non-co-operation by the Customer. 5.3 The Customer shall have sole responsibility for the unloading of all deliveries of the Goods, unless agreed elsewhere in writing between the Supplier and Customer. (a) No claim for shortage or breakage can be allowed unless advised in writing to the Supplier within 24 hours after delivery. (b) No claim for the supply of incorrect Goods can be allowed after 7 days or if the items have been installed without the Supplier’s consent. 5.4 Any dates or times for delivery of Goods and performance of the Services are approximate only. The Supplier shall ensure thatuse reasonable endeavours to meet such dates or times but as long as it uses its’ reasonable endeavours the Supplier shall not be liable to the Customer in contract, at all timestort, it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations in these Terms. 7.2. The date negligence or otherwise for any loss or damage whatsoever resulting from any late delivery of the Goods or the performance of the Services shall be the date specified in the Purchase Order or as agreed between the Parties, in writing, from time to timeServices. 7.3. In 5.5 Where the Goods are delivered by instalments, any breach by the Supplier in respect of any one or more instalments shall not entitle the delivery Customer to terminate the Contract in whole or in part. 5.6 In the event that the United Kingdom (UK) ceases to be a member state of the Goods the Parties agree to apply the terms European Union (Brexit) and arising out of Incoterms 2020, being the official rules for the interpretation of trade terms issued by the International Chamber of Commerce and the Purchase Order will set out the relevant Incoterms that are applicable. 7.4. Goods shall be delivered and/or Services performed during the Company’s normal business hours at the stipulated place of delivery or the stipulated site of performance (as the case may be). 7.5. Against delivery of Goods to the Company by the SupplierBrexit, the Company shall issue the Supplier with a written delivery receipt signed by an authorised representative of the Company, against which ownership of, and all risk in and to, the Goods shall pass to the Company. 7.6. Acceptance of delivery shall only amount to an acknowledgment by the Company incurs customs handling or other border control that the Goods of the quantity and nature stated in the Purchase Order were received and shall not amount to an acknowledgement that the Goods met the quality and/or Specifications. 7.7. Without prejudice to any of the Company’s other rights under these Terms or its remaining rights in law, if Goods delivered do not substantially comply with the Purchase Order and/or Specifications (if any), the Company shall be entitled to tender the return of the Goods may cause delay to the Supplier’s performance under any contract that may come about following your acceptance of the Supplier’s quotation, within 30 the Supplier reserves the right to extend the time for performance by an identical number of calendar days without any liability on the part of the Supplier. Additionally, if, as a result of Brexit, the Supplier incurs any increased costs (thirtysuch as customs duties, import VAT and other charges or duties) days in regard to the Supplier’s performance under the aforesaid contract, the Supplier shall have the right to increase its prices for the Products covered by the contract by an amount equal to such substantiated increased costs. The Supplier will inform the Customer as soon as it becomes aware of delivery, in which event: 7.7.1the likelihood of any threatening delay or increased costs. The Customer agrees that the Company Supplier shall not be liable for payment in respect of the Goods returned; 7.7.2. the Goods shall be returned at the cost of the Supplier; 7.7.3. all risk in respect of ▇▇▇▇▇ returned shall pass to the Supplier, upon notice Customer or be deemed to be in breach of Contract by the Company reason of any delay in performance or increased costs due to the Supplier that the Goods have been rejected and are available for collection at the premises to which they were delivered by the Supplier; and 7.7.4. ownership of the rejected Goods shall pass from the Company to the Supplier upon collection of those GoodsBrexit.