Common use of Delivery and Risk Clause in Contracts

Delivery and Risk. 4.1 Risk in respect of the Product shall pass to the Purchaser on delivery. 4.2 Ownership in respect of the Product shall pass from Flash Solvents to the Purchaser when the purchase price has been paid in full. 4.3 In the event that the Purchaser fails or neglects to pay the purchase price on the due date, Flash Solvents shall have the option at its absolute discretion to recover the Product and claim costs and any other damage incurred, and or to take legal action for the collection of the purchase price and/or any other damages. In the event that such product is delivered into equipment which is the property of the Purchaser, the parties agree that although the Purchaser’s and Flash Solvents’ Product may have become mixed in the equipment, the Product withdrawn by Flash Solvents in terms of this clause up to the quantity by Flash Solvents will be regarded as the sole property of Flash Solvent. 4.4 Flash Solvents will endeavor to dispatch the Products with due promptitude, and within the time indicated. 4.5 Flash Solvents may execute the Agreement in installments, in which case all terms and conditions that apply to the Agreement as a whole shall apply to each portion of the Agreement fulfilled. 4.6 Should Flash Solvents be prevented from effecting delivery of the Product or any part thereof by reason of any cause whatsoever beyond the control of Flash Solvents; the time for delivery shall be extended until a reasonable time after the operation of the cause has ceased. 4.7 Flash Solvents shall not be liable for any loss or damage that may occur as a result of the delays referred to in clause 4.4& 4.6. 4.8 The Purchaser shall inspect the Product after the Products have been delivered and shall within 14 days give notice to Flash Solvents of any shortages or defects therein. If the Purchaser notifies Flash Solvents as such, then such notice shall be accompanied by an affidavit from an independent expert supporting such claim and setting out in detail the basis of such allegation. 4.9 Should the Purchaser fail to give such notice, the Products shall conclusively presume to be in all respect in accordance with the Agreement and free from any defect. No allegations of non- compliance received after the period referred to in 4.8 will be entertained. 4.10 In the event that Flash Solvents is satisfied that the Products are not in accordance with the Agreement or are so defective, Flash Solvents may elect to replace such quantity of Product which does not conform to specification by an equal quantity of Product or alternatively refund the purchase price to the purchaser against return of the Products or refund the purchase price less the best value at which the Products can be disposed of. 4.11 The Purchaser may not return the product to Flash Solvents for any reason unless the parties have agreed in writing to such return and condition thereof. 4.12 Weighbridge certificates provided or obtained by the Flash Solvents shall be deemed conclusive evidence of the quantities stated therein.

Delivery and Risk. 4.1 Risk 5.1 All Goods shall be delivered ex works unless otherwise agreed in respect writing by the Company. The Goods shall be at the risk of the Product shall pass to the Purchaser on Buyer from time of delivery. 4.2 Ownership in respect 5.2 Any delivery period or date given by the Company for delivery of Goods is given as an estimate only and time of delivery shall not be of the Product essence. The Company shall pass from Flash Solvents to the Purchaser when the purchase price has been paid in fullnot be liable for late delivery, howsoever occasioned. 4.3 In the event that the Purchaser fails or neglects to pay the purchase price on the due date, Flash Solvents shall have the option at its absolute discretion to recover the Product and claim costs and any other damage incurred, and or to take legal action for the collection of the purchase price and/or any other damages. In the event that such product is delivered into equipment which is the property of the Purchaser, the parties agree that although the Purchaser’s and Flash Solvents’ Product may have become mixed in the equipment, the Product withdrawn by Flash Solvents in terms of this clause up to the quantity by Flash Solvents will be regarded as the sole property of Flash Solvent. 4.4 Flash Solvents will endeavor to dispatch the Products with due promptitude, and within the time indicated. 4.5 Flash Solvents may execute the Agreement in installments, in which case all terms and conditions that apply to the Agreement as a whole shall apply to each portion of the Agreement fulfilled. 4.6 Should Flash Solvents be prevented from effecting delivery of the Product or any part thereof by reason of any cause whatsoever beyond the control of Flash Solvents; the time for delivery shall be extended until a reasonable time after the operation of the cause has ceased. 4.7 Flash Solvents 5.3 The Company shall not be liable for any non-delivery of the Goods (even if caused by the Company’s negligence) unless written notice is given by the Buyer to the Company within 5 business days of the date when the Goods would in the ordinary course of events have been received. 5.4 Any liability of the Company for non-delivery of the Goods shall be limited to, at its discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro-rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid. 5.5 The Buyer acknowledges that if the Company accepts any final site dimension changes and/or subsequent drawings or amendments to an order for Goods after that order has been accepted by the Company, such changes and/or amendments may impact on any delivery period set out in the Company’s order acknowledgement. The Company will notify the Buyer of any revised delivery schedule as soon as reasonably practicable. 5.6 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: 5.6.1 risk in the Goods will pass to the Buyer (including loss or damage that caused by the Company’s negligence); 5.6.2 the Goods will be deemed to have been delivered; and 5.6.3 the Company may occur as a result of store the delays referred to in clause 4.4& 4.6Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance). 4.8 5.7 The Purchaser shall inspect Buyer will provide at its expense at the Product after point of delivery adequate and appropriate equipment and manual labour for loading the Products have been delivered and shall within 14 days give notice to Flash Solvents of any shortages or defects therein. If the Purchaser notifies Flash Solvents as such, then such notice shall be accompanied by an affidavit from an independent expert supporting such claim and setting out in detail the basis of such allegationGoods. 4.9 Should the Purchaser fail to give such notice, the Products shall conclusively presume to be in all respect in accordance with the Agreement and free from any defect. No allegations of non- compliance received after the period referred to in 4.8 will be entertained. 4.10 In the event that Flash Solvents is satisfied that the Products are not in accordance with the Agreement or are so defective, Flash Solvents may elect to replace such quantity of Product which does not conform to specification by an equal quantity of Product or alternatively refund the purchase price to the purchaser against return of the Products or refund the purchase price less the best value at which the Products can be disposed of. 4.11 The Purchaser may not return the product to Flash Solvents for any reason unless the parties have agreed in writing to such return and condition thereof. 4.12 Weighbridge certificates provided or obtained by the Flash Solvents shall be deemed conclusive evidence of the quantities stated therein.

Delivery and Risk. 4.1 Risk in respect Time of delivery shall not be of the Product shall pass to essence in any agreement between the Purchaser on deliveryParties. 4.2 Ownership in respect of the Product shall pass from Flash Solvents to the Purchaser when the purchase price has been paid in fullWHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 In the event that the The Purchaser fails or neglects shall not be entitled to pay the purchase price on the due date, Flash Solvents shall have the option at its absolute discretion to recover the Product and claim costs and cancel any other damage incurred, and or to take legal action for the collection order as a result of any delay in delivery of the purchase price and/or any other damages. In the event that such product is delivered into equipment which is the property of the Purchaser, the parties agree that although the Purchaser’s and Flash Solvents’ Product may have become mixed in the equipment, the Product withdrawn by Flash Solvents in terms of this clause up to the quantity by Flash Solvents will be regarded as the sole property of Flash SolventGoods. 4.4 Flash Solvents will endeavor to dispatch Should the Products with due promptitude, and within the time indicated. 4.5 Flash Solvents may execute the Agreement in installments, in which case all terms and conditions that apply to the Agreement as a whole shall apply to each portion of the Agreement fulfilled. 4.6 Should Flash Solvents Seller be prevented from effecting delivery the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Product Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or any part thereof by reason of controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of Flash Solvents; the time for delivery Seller, the Seller shall be extended until a reasonable time after entitled at its option to cancel the operation agreement with the Purchaser or to suspend performance of the cause has ceased. 4.7 Flash Solvents its obligations there under and shall not be liable whatsoever for any loss or damage that may occur as a result damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the delays referred to risk in clause 4.4& 4.6. 4.8 The Purchaser shall inspect the Product after the Products have been delivered and shall within 14 days give notice to Flash Solvents of any shortages or defects therein. If the Purchaser notifies Flash Solvents as such, then such notice shall be accompanied by an affidavit from an independent expert supporting such claim and setting out in detail the basis of such allegation. 4.9 Should the Purchaser fail to give such notice, the Products shall conclusively presume to be in all respect in accordance with the Agreement and free from any defect. No allegations of non- compliance received after the period referred to in 4.8 will be entertained. 4.10 In the event that Flash Solvents is satisfied that the Products are not in accordance with the Agreement or are so defective, Flash Solvents may elect to replace such quantity of Product which does not conform to specification by an equal quantity of Product or alternatively refund the purchase price to the purchaser against return of the Products or refund the purchase price less the best value at which the Products can be disposed of. 4.11 The Purchaser may not return the product to Flash Solvents for any reason unless the parties have agreed in writing to such return and condition thereof. 4.12 Weighbridge certificates provided or obtained by the Flash Solvents Goods shall be deemed conclusive evidence to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the quantities stated thereinPurchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

Delivery and Risk. 4.1 Risk Unless otherwise agreed in respect writing between the parties, the Contract is for delivery to the delivery location stated in the Job Sheet. If there is no address stated in the Job Sheet, the Buyer must collect the Products from Q&LG. Section 32 of the Product Sale of Goods Act 1979 shall pass not apply to the Purchaser on deliverycontract. 4.2 Ownership Irrespective of anything stipulated by the Buyer, unless otherwise agreed in respect writing by Q&LG, any date for delivery of Products or performance of the Product Services stated in the Job Sheet or the Order or otherwise provided by Q&LG shall pass from Flash Solvents not be of the essence and is an estimate only. Q&LG shall use its reasonably endeavours to perform the Purchaser when Services during the purchase price has been paid time stipulated in full. 4.3 In the event Contract, but Q&LG makes no warranty that the Purchaser fails or neglects to pay the purchase price on the due date, Flash Solvents shall have the option at its absolute discretion to recover the Product and claim costs and any other damage incurred, and or to take legal action for the collection of the purchase price and/or any other damages. In the event that such product is delivered into equipment which is the property of the Purchaser, the parties agree that although the Purchaser’s and Flash Solvents’ Product may have become mixed in the equipment, the Product withdrawn by Flash Solvents in terms of this clause up to the quantity by Flash Solvents Products will be regarded as delivered or the sole property of Flash Solvent. 4.4 Flash Solvents Services will endeavor to dispatch the Products with due promptitude, and be provided within the time indicated. 4.5 Flash Solvents may execute the Agreement in installments, in which case all terms and conditions that apply to the Agreement as a whole shall apply to each portion of the Agreement fulfilled. 4.6 Should Flash Solvents be prevented from effecting delivery of the Product or any part thereof by reason of any cause whatsoever beyond the control of Flash Solvents; the time for delivery shall be extended until a reasonable time after the operation of the cause has ceased. 4.7 Flash Solvents an particular time. Q&LG shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery of performance. 4.3 Partial delivery or performance shall be permitted. Q&LG may deliver and provide parts of the Products and Services by instalments and may invoice the Buyer for each delivery or performance. Delay, default or non-delivery of any instalment by Q&LG shall not entitle the Buyer to cancel, and shall not affect, the remainder of the Contract. 4.4 The Buyer shall ensure that it is ready for safe receipt of the Products and Services without undue delay. 4.5 The Buyer may occur be required to sign a delivery note upon delivery. The signing of any delivery note by the Buyer shall be evidence that the ordered Products have been delivered and the Services have been performed. 4.6 All risk in the Products shall pass to the Buyer upon delivery, provided that where delivery is delayed due to breach by the Buyer of its obligations under the Contract, risk shall pass at the date when delivery would have occurred but for that breach. 4.7 The Buyer shall keep the Products fully insured on Q&LG behalf with a reputable insurance company to the reasonable satisfaction of Q&LG for their full price against all risks of loss or damage from the time when the risk passes to the Buyer until property passes in accordance with Condition 5. On request, the Buyer shall produce the policy of insurance to Q&LG. If the Products are lost, damaged or destroyed, the Buyer shall hold the proceeds of insurance for and to the order of Q&LG pending Payment (as defined in Condition 5.1). 4.8 If delivery of the Products or performance of the Services is delayed through the Buyer’s default or if the Buyer declines or delays in accepting delivery or Services, then Q&LG may (without prejudice to any other right or remedy available to it) do all or any of the following: 4.8.1 Sell the Products for Q&LG account; 4.8.2 Cancel the Contract as regards any Products and Services that remain to be delivered; 4.8.3 Charge a reasonable storage fee; and 4.8.4 Charge the Buyer for the costs and losses incurred by Q&LG as a result of the delays referred to in clause 4.4& 4.6Buyer declining or delaying. 4.8 The Purchaser shall inspect the Product after the Products have been delivered and shall within 14 days give notice to Flash Solvents of any shortages or defects therein. If the Purchaser notifies Flash Solvents as such, then such notice shall be accompanied by an affidavit from an independent expert supporting such claim and setting out in detail the basis of such allegation. 4.9 Should the Purchaser fail to give such notice, the Products shall conclusively presume to be in all respect in accordance with the Agreement and free from any defect. No allegations of non- compliance received after the period referred to in 4.8 will be entertained. 4.10 In the event that Flash Solvents is satisfied that the Products are not in accordance with the Agreement or are so defective, Flash Solvents may elect to replace such quantity of Product which does not conform to specification by an equal quantity of Product or alternatively refund the purchase price to the purchaser against return of the Products or refund the purchase price less the best value at which the Products can be disposed of. 4.11 The Purchaser may not return the product to Flash Solvents for any reason unless the parties have agreed in writing to such return and condition thereof. 4.12 Weighbridge certificates provided or obtained by the Flash Solvents shall be deemed conclusive evidence of the quantities stated therein.