Common use of DELIVERY AND STORAGE Clause in Contracts

DELIVERY AND STORAGE. 9.1 The Customer’s order/s will be manufactured in accordance with the DCS Order Form and will be delivered to the agreed location on or about the agreed delivery date/s. Any date or time quoted for delivery is an estimate only. DCS shall not be liable for any loss or damage arising from the failure to deliver the order on or by the estimated delivery date. 9.2 When the Order specifies delivery to a nominated destination, DCS’s obligation to deliver shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the Order. The Customer shall unload the Goods on delivery. If the Customer is unable or unwilling to accept delivery of the Goods then DCS shall be entitled to the full payment for the Goods and to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. 9.3 Where the Goods are to be delivered by partial shipment any failure on the part of DCS to deliver within the time stated shall not entitle the Customer to repudiate the Contract with regard to the balance remaining undelivered and any account due and payable. 9.4 Subject to the receipt and clearance of the deposit/full payment or approval of order and transportation availability, normal DCS lead times are: a) A minimum of seven (7) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 110P-1, 155P-1 and 200P-1 profiles subject to availability and size of customer’s order. b) A minimum of two (2) working days (to be confirmed by DCS) for any Stock Length profiles subject to availability and size of Customer’s order. c) Up to fifteen (15) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 275P-1 profiles. 9.5 Storage – Each produced Order must be cleared from DCS’s factory within two (2) days (maximum) after the agreed delivery/collection date irrespective of all conditions including weather that may be applicable to the delivery address. If the Goods are not cleared within two (2) days, the Custom Length Goods produced for the Customer will be delivered to a storage space with all associated transportation and storage costs to be paid by the Customer. DCS shall not accept any liability for the Goods sent for storage. Storage fees will be charged at the rate of $0.50 per day per lineal meter of the Product P-1. 9.6 Deliveries to be charged at the ruling rate of the date of delivery per truck load consisting of an 8m tray within a 00xx xxxxxx xx Xxxxxxx Xxxx, XXX. If for any reason ordered Goods cannot be received and are returned for re-delivery by the construction site, even in the event of inclement weather, a re-delivery charge and storage fees will be payable by the Customer. 9.7 Delivery charges include first half hour waiting period on arrival. Any additional waiting time will be charged as extra at the rate of $100.00 + GST per hour or part thereof. 9.8 It is the Customer’s responsibility to provide a flat and clean area with timber sleepers placed at 1000mm (maximum) centres to receive the delivered Product. The Customer shall unload the Product upon delivery. The delivery trucks will not leave the public roads for drop-off. 9.9 Customers organising their own transportation are required to read and understand the DCS Transport Information (download) document which is available on the DCS website. Those terms form part of these Terms and Conditions. 9.10 Delivery to and collection of Goods by the Customer’s agent, carrier or representative shall constitute delivery to the Customer. 9.11 All deliveries and pick up prices are ex-warehouse, unless otherwise agreed to by DCS in writing, and the Customer accepts all responsibility for deliveries and collection once they leave DCS’s warehouse. 9.12 Freight costs and insurance are the responsibly of the Customer unless otherwise agreed between the parties.

DELIVERY AND STORAGE. 9.1 The Upon receipt of the Customer’s order/s Order and Daikin’s written acceptance of that Order, Daikin will provide the Customer with an estimated date for delivery or consignment date. The estimated date given at this time will take precedence over all other dates put forward by either party during the sales process. 9.2 All quoted delivery or consignment dates are estimates only. Daikin is not obliged to meet such dates and will not be manufactured liable to the Customer by reason of delays caused by any reason whatsoever. 9.3 Daikin is deemed to have delivered the Goods when the Goods are actually delivered to the project address kerbside nominated by the Customer, or where delivery to the delivery point is not made due to reasons which are the responsibility of the Customer, the date when delivery would have been effected. Daikin Quotations include delivery and insurance to project kerbside and excludes any lifting or crainage costs at project site or nominated delivery address. 9.4 All deliveries shall be made during normal business hours. Any additional costs for delivery outside of normal business hours shall be at a cost to the Customer. 9.5 Daikin may deliver the Goods by instalments (where, in Daikin’s opinion, this is reasonable) and issue interim invoices to the Customer. 9.6 The Customer shall indemnify and keep indemnified Daikin against any loss or damage which occurs during removal of the Goods from the truck and installation. Where the Works provide for the purchase of Goods only, the Works shall be deemed completed upon delivery in accordance with the DCS Order Form and will be Agreement. 9.7 In the event that the Customer fails to take delivery of the Goods within fourteen (14) days of the date notified by Daikin to the Customer as the nominated delivery date, Daikin reserves the right to charge the Customer reasonable storage costs until such time as the Goods are delivered to the agreed location Customer’s premises. These storage costs will be invoiced to the Customer on a monthly basis. In the event that Daikin does not invoice these costs on a monthly basis, the parties agree that Daikin does not waive its right to invoice these costs at a later date. 9.8 Without limiting any other provision of the Agreement, failure by the Customer to pay any instalment, or about any other amount when due, will entitle Daikin to withhold or delay delivery of any remaining Goods ordered. 9.9 For delivery of the agreed delivery date/s. Goods, the Customer shall provide Daikin with adequate and safe entry and access to the premises when required, and with all necessary equipment and services required, for the removal of the Goods from the truck, at the Customer’s cost. 9.10 The Customer shall provide Daikin with adequate and safe entry and access to premises when required, and all equipment and services required, to properly provide the Services. Any date such failure or delay will entitle Daikin to a corresponding extension of time quoted for delivery is an estimate only. DCS Daikin to complete the Works. 9.11 Daikin shall not be liable for any loss or damage arising from the or related to any failure or delay in providing entry, access, equipment or services as required by this Clause, and any additional costs incurred by Daikin arising from or related to deliver the order on or by the estimated delivery date. 9.2 When the Order specifies delivery to a nominated destination, DCS’s obligation to deliver any such shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the Order. The Customer shall unload the Goods on delivery. If the Customer is unable or unwilling to accept delivery of the Goods then DCS shall be entitled to the full payment for the Goods and to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. 9.3 Where the Goods are to be delivered by partial shipment any failure on the part of DCS to deliver within the time stated shall not entitle the Customer to repudiate the Contract with regard to the balance remaining undelivered and any account due and payable. 9.4 Subject to the receipt and clearance of the deposit/full payment or approval of order and transportation availability, normal DCS lead times are: a) A minimum of seven (7) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 110P-1, 155P-1 and 200P-1 profiles subject to availability and size of customer’s order. b) A minimum of two (2) working days (to be confirmed by DCS) for any Stock Length profiles subject to availability and size of Customer’s order. c) Up to fifteen (15) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 275P-1 profiles. 9.5 Storage – Each produced Order must be cleared from DCS’s factory within two (2) days (maximum) after the agreed delivery/collection date irrespective of all conditions including weather that may be applicable to the delivery address. If the Goods are not cleared within two (2) days, the Custom Length Goods produced for the Customer will be delivered to a storage space with all associated transportation and storage costs to be paid by the Customer. DCS shall not accept any liability for the Goods sent for storage. Storage fees will be charged at the rate of $0.50 per day per lineal meter of the Product P-1. 9.6 Deliveries to be charged at the ruling rate of the date of delivery per truck load consisting of an 8m tray within a 00xx xxxxxx xx Xxxxxxx Xxxx, XXX. If for any reason ordered Goods cannot be received and are returned for re-delivery by the construction site, even in the event of inclement weather, a re-delivery charge and storage fees will be payable borne by the Customer. 9.7 Delivery charges include first half hour waiting period on arrival. Any additional waiting time will 9.12 Should Daikin be charged as extra at prevented from delivering any of the rate of $100.00 + GST per hour or part thereof. 9.8 It is the Customer’s responsibility to provide a flat and clean area with timber sleepers placed at 1000mm (maximum) centres to receive the delivered Product. The Customer shall unload the Product upon delivery. The delivery trucks will not leave the public roads for drop-off. 9.9 Customers organising their own transportation are required to read and understand the DCS Transport Information (download) document which is available on the DCS website. Those terms form part of these Terms and Conditions. 9.10 Delivery to and collection of Goods by the Customer’s agent, carrier or representative shall constitute delivery to the Customer.Customer or performing any Services in accordance with the Agreement by reason of any event beyond Daikin’s control, including but not limited to industrial disputes, acts of parliament, fires, floods, acts of God and Daikin’s inability to procure materials or components from its usual sources of supply, Daikin shall be entitled at its own option: 9.11 All deliveries and pick up prices are ex-warehouse, unless otherwise agreed 9.12.1 to by DCS in writingdelay performance of the Works; or 9.12.2 to terminate the Agreement, and the Customer accepts all responsibility for deliveries and collection once they leave DCS’s warehousewill not in consequence be entitled to recover any damage or loss as a result of such delay or termination. 9.12 Freight costs and insurance are the responsibly of the Customer unless otherwise agreed between the parties.

DELIVERY AND STORAGE. 9.1 The Customer’s order/s will be manufactured in accordance with the DCS Order Form and will be delivered to the agreed location on or about the agreed delivery date/s. Any date or time quoted for delivery is an estimate only. DCS shall not be liable for any loss or damage arising from the failure to deliver the order on or by the estimated delivery date. 9.2 When the Order specifies delivery to a nominated destination, DCS’s obligation to deliver shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the Order. The Customer shall unload the Goods on delivery. If the Customer is unable or unwilling to accept delivery of the Goods then DCS shall be entitled to the full payment for the Goods and to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. 9.3 Where the Goods are to be delivered by partial shipment any failure on the part of DCS to deliver within the time stated shall not entitle the Customer to repudiate the Contract with regard to the balance remaining undelivered and any account due and payable. 9.4 Subject to the receipt and clearance of the deposit/full payment or approval of order and transportation availability, normal DCS lead times are: a) A minimum of seven (7) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 110P-1, 155P-1 and 200P-1 profiles subject to availability and size of customer’s order. b) A minimum of two (2) working days (to be confirmed by DCS) for any Stock Length profiles subject to availability and size of Customer’s order. c) Up to fifteen (15) working days after the deposit payment (to be confirmed by DCS) for Custom Lengths of 275P-1 profiles. 9.5 Storage – Each produced Order must be cleared from DCS’s factory within two (2) days (maximum) after the agreed delivery/collection date irrespective of all conditions including weather that may be applicable to the delivery address. If the Goods are not cleared within two (2) days, the Custom Length Goods produced for the Customer will be delivered to a storage space with all associated transportation and storage costs to be paid by the Customer. DCS shall not accept any liability for the Goods sent for storage. Storage fees will be charged at the rate of $0.50 per day per lineal meter of the Product P-1. 9.6 Deliveries to be charged at the ruling rate of the date of delivery per truck load consisting of an 8m tray within a 00xx xxxxxx xx Xxxxxxx Xxxx55km radius of Erskine Park, XXXNSW. If for any reason ordered Goods cannot be received and are returned for re-delivery by the construction site, even in the event of inclement weather, a re-delivery charge and storage fees will be payable by the Customer. 9.7 Delivery charges include first half hour waiting period on arrival. Any additional waiting time will be charged as extra at the rate of $100.00 + GST per hour or part thereof. 9.8 It is the Customer’s responsibility to provide a flat and clean area with timber sleepers placed at 1000mm (maximum) centres to receive the delivered Product. The Customer shall unload the Product upon delivery. The delivery trucks will not leave the public roads for drop-off. 9.9 Customers organising their own transportation are required to read and understand the DCS Transport Information (download) document which is available on the DCS website. Those terms form part of these Terms and Conditions. 9.10 Delivery to and collection of Goods by the Customer’s agent, carrier or representative shall constitute delivery to the Customer. 9.11 All deliveries and pick up prices are ex-warehouse, unless otherwise agreed to by DCS in writing, and the Customer accepts all responsibility for deliveries and collection once they leave DCS’s warehouse. 9.12 Freight costs and insurance are the responsibly of the Customer unless otherwise agreed between the parties.