Common use of DELIVERY AND QUANTITY Clause in Contracts

DELIVERY AND QUANTITY. 5.1 The Goods shall be delivered in accordance with Incoterms DDP at the place and time specified in the Purchase Order or to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hours. 5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer and any such packaging material shall only be returned to the Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address. 5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of each instalment. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the Buyer shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expense.

DELIVERY AND QUANTITY. 5.1 The Goods 2.1 Deliveries of Product will be made only at the agreed supply point. Conditions of delivery will be interpreted on the basis of the Incoterms, latest edition. In the event of any conflict between the Incoterms and any arrangements expressly made between the parties including these conditions of Sale, the latter shall prevail. 2.2 If the Agreement provides for more than one delivery/offtake, the deliveries/offtakes shall, unless otherwise agreed, be delivered effected at regular intervals over the contract period. If Buyer requests a reduction in the agreed quantity and Seller agrees to such reduction (without having any obligation to do so), thereafter Seller’s supply obligation hereunder may not exceed the monthly average of the purchases of Product by Buyer from Seller during the immediate preceding three (3) month period. 2.3 Weighings and measurements in accordance with Incoterms DDP at Seller’s usual methods are conclusive. 2.4 Package material may be charged to Buyer supplementary and will only be taken back if and in so far Seller has a specific arrangement therefor. 2.5 Seller reserves the place right to refuse to deliver Product into Buyer’s nominated room, including but not limited to vessels, vehicles and time specified containers, or equipment which Seller in its sole judgement determines are unsuitable and Buyer shall reimburse Seller any damage resulting from such refusal. For the Purchase Order purpose of these General conditions "Equipment” means any demountable container, tank, bulk liquid or powder bag or any other receptacle for containing and transporting the Product. Buyer vouches that the means of transport it nominates and the crew thereof are qualified in all respects to transport the Product safely to the destination and satisfy the requirements that, taking also into account the nature of the Product, are imposed or may be reasonably expected by the competent government agencies or, in addition, by Seller. Without prejudice to Buyer’s responsibility in this respect, Seller shall be entitled to reject a nomination or the loading of a nominated means of transport if in its sole judgement, those requirements have not been fulfilled, even if that nomination had previously been accepted by Seller. Seller shall not be liable for any damage resulting from delivery of Product into an unsuitable room or equipment or from unsuitable means of transport nominated by Buyer and Buyer shall indemnify Seller against any third party claims with respect to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hoursdamage. 5.2 The Seller shall deliver 2.6 Except as expressly set out in this Agreement and the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material compulsory legal provisions according to the EC legislation therewith connected, Seller that fact must be clearly stated on any delivery note delivered makes no warranties with respect to the Buyer and any such packaging material shall only be returned to Product. Without limiting the foregoing, Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address. 5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract therefore gives no guarantee whatsoever in respect of each instalmentmerchantability or suitability of the Product for a particular use. Failure Claims on the account of weight, quality, loss, or damage to the Product are waived by Buyer unless made in writing within eight (8) days after arrival thereof at the destination, and any legal action therewith connected should be initiated within six (6) months after the date of the breach of the agreement. 2.7 If the Agreement provides for more than one delivery/offtake, the deliveries/offtakes shall, unless otherwise agreed, be effected at regular intervals over the contract period. If Buyer takes a quantity of Product, during any period for which an offtake obligation exists, that is smaller than Buyer’s obligatory offtake for that period, Seller shall not be obliged, without prejudice to its right to demand fulfilment and/or damages, to deliver the offtake shortfall after elapse of that period. If Seller fails to deliver quantities of Product agreed for any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the period, Buyer shall not be bound obliged to pay take these quantities afterwards either. 2.8 Buyer vouches that the means of transport nominated by it or by Seller can be loaded or discharged respectively within the agreed or - failing such arrangement - usual loading or discharge time for modern means of transport and loading/discharge installations and shall make good the damage suffered by Seller as a result of a circumstance attributable to or for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense of Buyer that prevents loading or discharge from being effected within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expensethat time.

DELIVERY AND QUANTITY. 5.1 The In the absence of any agreement to the contrary, the Goods shall be delivered by the Seller, in accordance with Incoterms DDP at the place and time specified in the Purchase Order or to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer terms stated in the Purchase Order, deliveries shall only be accepted by on the Buyer in normal business hours. 5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer stipulated date and any such packaging material shall only be returned to the Seller time at the cost expense of the Seller. Such material The Seller shall be marked with the Seller's name and address. 5.4 Where promptly notify the Buyer agrees in writing if the agreed date of delivery cannot be met, and provide the estimated new delivery date. The Buyer is entitled to accept delivery by instalments terminate the Contract to the extent that the Buyer, in its sole discretion, determines that the delay is significant. The Buyer shall in such case be construed as a single contract in respect of each instalmententitled to compensation for costs incurred and losses suffered, including, but not limited to, anticipated profits and consequential loss. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered ordered, the Buyer shall not be bound to pay for the excess and any excess shall be and shall will remain at the Seller's risk and shall will be available for collection returnable at the Seller's expense within 3 monthsexpense. Thereafter If the Seller is responsible for delivery or for arranging delivery of the Goods, the Seller will be liable for all damage which it or its carrier causes to the Goods or the Buyer's property, or the property of a Buyer’s customer, agent, warehouse, or other contractor, in the course of delivery. If Goods are delivered before the date specified in the Purchase Order, the Buyer shall be entitled at its sole discretion to refuse to take delivery or to charge for insurance and storage of the Goods until the contractual date of delivery. In the case of Goods supplied from outside the country from where it will be delivered, the Seller shall ensure that all required documents, including, but not limited to ISF documents, and accurate information is provided to the Buyer as to the country of origin of the Goods. The Seller shall be liable to the Buyer for any additional costs, duties, or taxes for which the Buyer may dispose be accountable should the country of such excess Goods at origin prove to be different from that advised by the Seller, and for any costs, duties, fees, fines and penalties assessed as a result of Seller’s expensefailure to provide required documentation on time. Unless otherwise stated in the Purchase Order, Seller is responsible for obtaining all the export and/or import licenses for the Goods and shall be responsible for any delays due to such licenses not being available when required.

DELIVERY AND QUANTITY. 5.1 The Goods 2.1 Time is of the essence for delivery and all other obligations arising herein. "Delivery Date" and/or “Dock Date” shall mean the date the Purchase Order line item is required to arrive at Buyer's facility. 2.2 If Seller fails to meet the scheduled Delivery Dates, Buyer may, at its option, cancel this Purchase Order, or any part of this order, without incurring any liability. If Buyer requests expedited shipment of any late deliveries, Seller shall pay any additional cost of expedited shipment. Seller shall be, in addition to any other remedy available to Buyer, liable for Buyer’s documented additional expenses due to its failure to deliver 2.3 Seller shall not ship ahead of the scheduled Delivery Date unless authorized by Buyer in writing. Buyer may return, at its option, all unauthorized early shipments to Seller at Seller's expense. Payments for early shipments shall be delivered in accordance with Incoterms DDP postponed until normal maturity after the scheduled delivery date. 2.4 Seller, when it has reason to believe that deliveries will not be made as scheduled, shall provide immediate written notice to Buyer, setting forth the cause of such anticipated delay. 2.5 Notwithstanding the above, neither Buyer nor Seller shall be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and without their fault or negligence. In the event that any such condition exists as to Seller, Buyer may at its option, exercise its rights under section 2.2 of this Purchase Order. 2.6 The shipping terms of delivery are "ICONIX specified location and carrier" for most deliveries. Certain products specified by the place and time buyer will have "Supplier location". If the seller uses any other carrier or forwarder, the seller will be requested to credit buyer for any additional costs incurred. If carrier or forwarder is not specified in the shipping guidelines the seller will request the shipping instructions from the buyer. 2.7 The quantity covered by this Purchase Order or to such other place of delivery may be expressed as is agreed by the Buyer in writing prior to delivery of the Goodsan "Estimated Order Quantity". In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hours. 5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer and any such packaging material shall only be returned to the Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address. 5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of each instalment. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the Buyer shall not have any obligation to purchase the total “Estimated Order Quantity” nor shall Buyer be bound to pay liable for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expenseresulting therefrom.

DELIVERY AND QUANTITY. 5.1 The In the absence of any agreement to the contrary, the Goods shall be delivered by the Seller, in accordance with Incoterms DDP at the place and time specified in the Purchase Order or to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer terms sta xxx in the Purchase Order, deliveries shall only be accepted by on the Buyer in normal business hours. 5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer stipulated date and any such packaging material shall only be returned to the Seller time at the cost expense of the Seller. Such material The Seller shall be marked with the Seller's name and address. 5.4 Where promptly notify the Buyer agrees in writing if the agreed date of delivery cannot be met, and provide the estimated new delivery date. The Buyer is entitled to accept delivery by instalments terminate the Contract to the extent that the Buyer, in its sole discretion, determines that the delay is significant. The Buyer shall in such case be construed as a single contract in respect of each instalmententitled to compensation for costs incurred and losses suffered, including, but not limited to, anticipated profits and consequential loss. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered ordered, the Buyer shall not be bound to pay for the excess and any excess shall be and shall will remain at the Seller's risk and shall will be available for collection returnable at the Seller's expense within 3 monthsexpense. Thereafter If the Seller is responsible for delivery or for arranging delivery of the Goods, the Seller will be liable for all damage which it or its carrier causes to the Goods or the Buyer's property, or the property of a Buyer’s customer, agent, warehouse, or other contractor, in the course of delivery. If Goods are delivered before the date specified in the Purchase Order, the Buyer shall be entitled at its sole discretion to refuse to take delivery or to charge for insurance and storage of the Goods until the contractual date of delivery. In the case of Goods supplied from outside the country from where it will be delivered, the Seller shall ensure that all required documents, including, but not limited to ISF documents, and accurate information is provided to the Buyer as to the country of origin of the Goods. The Seller shall be liable to the Buyer for any additional costs, duties, or taxes for which the Buyer may dispose be accountable should the country of such excess Goods at origin prove to be different from that advised by the Seller, and for any costs, duties, fees, fines and penalties assessed as a result of Seller’s expensefailure to provide required documentation on time. Unless otherwise stated in the Purchase Order, Seller is responsible for obtaining all the export and/or import licenses for the Goods and shall be responsible for any delays due to such licenses not being available when required.

DELIVERY AND QUANTITY. 5.1 The Goods 2.1 Deliveries of Product will be made only at the agreed supply point. Conditions of delivery will be interpreted on the basis of the Incoterms, latest edition. In the event of any conflict between the Incoterms and any arrangements expressly made between the parties including these conditions of Sale, the latter shall prevail. 2.2 If the Agreement provides for more than one delivery/offtake, the deliveries/offtakes shall, unless otherwise agreed, be delivered effected at regular intervals over the contract period. If Xxxxx requests a reduction in the agreed quantity and Seller agrees to such reduction (without having any obligation to do so), thereafter Seller’s supply obligation hereunder may not exceed the monthly average of the purchases of Product by Xxxxx from Seller during the immediate preceding three (3) month period. 2.3 Weighings and measurements in accordance with Incoterms DDP at Seller’s usual methods are conclusive. 2.4 Package material may be charged to Buyer supplementary and will only be taken back if and in so far Seller has a specific arrangement therefor. 2.5 Seller reserves the place right to refuse to deliver Product into Xxxxx’s nominated room, including but not limited to vessels, vehicles and time specified containers, or equipment which Seller in its sole judgement determines are unsuitable and Buyer shall reimburse Seller any damage resulting from such refusal. For the Purchase Order purpose of these General conditions "Equipment” means any demountable container, tank, bulk liquid or powder bag or any other receptacle for containing and transporting the Product. Buyer vouches that the means of transport it nominates and the crew thereof are qualified in all respects to transport the Product safely to the destination and satisfy the requirements that, taking also into account the nature of the Product, are imposed or may be reasonably expected by the competent government agencies or, in addition, by Seller. Without prejudice to Buyer’s responsibility in this respect, Seller shall be entitled to reject a nomination or the loading of a nominated means of transport if in its sole judgement, those requirements have not been fulfilled, even if that nomination had previously been accepted by Seller. Seller shall not be liable for any damage resulting from delivery of Product into an unsuitable room or equipment or from unsuitable means of transport nominated by Xxxxx and Xxxxx shall indemnify Seller against any third party claims with respect to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hoursdamage. 5.2 The 2.6 Except as expressly set out in this Agreement, Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material makes no warranties with respect to the Product. Without limiting the foregoing, Seller that fact must be clearly stated on any delivery note delivered to the Buyer and any such packaging material shall only be returned to the Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address. 5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract therefore gives no guarantee whatsoever in respect of each instalmentmerchantability or suitability of the Product for a particular use. Failure Claims on the account of weight, quality, loss, or damage to the Product are waived by Buyer unless made in writing within ten (10) days after arrival thereof at the destination, and any action for breach of an Agreement, other than for non- payment thereunder, must be commenced within one year after the date of shipment, or due date of delivery in the event of non-delivery, of the particular shipment upon which such claim is based. 2.7 If the Agreement provides for more than one delivery/offtake, the deliveries/offtakes shall, unless otherwise agreed, be effected at regular intervals over the contract period. If Buyer takes a quantity of Product, during any period for which an offtake obligation exists, that is smaller than Buyer’s obligatory offtake for that period, Seller shall not be obliged, without prejudice to its right to demand fulfilment and/or damages, to deliver the offtake shortfall after elapse of that period. If Seller fails to deliver quantities of Product agreed for any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the period, Buyer shall not be bound obliged to pay take these quantities afterwards either. 2.8 Buyer vouches that the means of transport nominated by it or by Seller can be loaded or discharged respectively within the agreed or - failing such arrangement - usual loading or discharge time for modern means of transport and loading/discharge installations and shall make good the damage suffered by Seller as a result of a circumstance attributable to or for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense of Buyer that prevents loading or discharge from being effected within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expensethat time.

DELIVERY AND QUANTITY. 5.1 The Goods shall be delivered in accordance with Incoterms DDP at the place and time specified in the Purchase Order or to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- off-load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hours. 5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract. 5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer and any such packaging material shall only be returned to the Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address. 5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of each instalment. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated. 5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the Buyer shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expense.