Common use of DELIVERY CONDITIONS, DELIVERY PERIODS Clause in Contracts

DELIVERY CONDITIONS, DELIVERY PERIODS. 1. Unless agreed otherwise in writing, products shall be delivered FCA Velká Bíteš according to INCOTERMS 2010 rules. Where the Buyer requires the goods to be packed in packaging, this needs to be explicitly stated in the order. The costs on packaging shall be borne by the Buyer. 2. Where the Buyer requires the products to be modified (customized as requested by the Buyer), PBS shall check whether the required modifications can be made and shall also determine a date on which the modified products can be delivered. Under no circumstances, standard delivery dates shall apply for deliveries of modified products, not even should PBS fail to specify the delivery date. If PBS fails to specify the date, it shall deliver the modified products within a time period reasonable for the required modifications. 3. PBS shall not be responsible for the choice and suitability of products or services ordered by the Buyer for the purposes intended by the Buyer. 4. Unless agreed otherwise, PBS is entitled to perform the Supply through partial supplies, and the Buyer is obliged to accept the partial supply. In such a case, the Buyer must pay the respective part of the price upon the completion of the respective partial supply at the latest. 5. The Buyer is obliged to accept the Subject of Performance at the agreed place and time of performance. The Supply shall be considered completed by PBS once it is delivered at the agreed place and time of performance, even should the Buyer fail to arrive or refuse to take over the Supply or where the Buyer refuses to confirm the Handover Protocol. Unless agreed otherwise in writing, PBS is also entitled to deliver the Subject of Performance before the agreed time of performance. Should the Buyer be in default with regard to the takeover of the Subject of Performance, the risk of damage shall pass to the Buyer. 6. Should the Buyer fail to take over the Subject of Performance at the agreed time of performance or, where the date of the handover/takeover has not been agreed between the Parties, within fourteen (14) days following the delivery of the PBS’s notice to the Buyer stating that the Subject of Performance is ready to be taken over, PBS shall store the Subject of Performance and the Buyer shall pay any costs related to such storage. PBS shall inform the Buyer of the storage in writing. Should the Buyer be in default with the takeover for more than 2 weeks, PBS is entitled to withdraw from the Contract. 7. Should, for reasons for which is PBS liable, PBS fail to provide the contracted delivery within the agreed time period, and such a time period is exceeded by more than 14 days, the Buyer may claim a contractual penalty of 0.1 % of the price of the contracted delivery, with delivery of which PBS is in default, for each full calendar week of delay, however, the total sum of the contractual penalty shall not exceed the amount equal to 5 % of the price of the respective contracted delivery. PBS is obliged to pay the contractual penalty within ten (10) calendar days from delivery of the request for payment of the contractual penalty.

DELIVERY CONDITIONS, DELIVERY PERIODS. 1. Unless agreed otherwise in writing, products shall be delivered FCA Velká Bíteš Atlanta according to INCOTERMS 2010 2020 rules. Where the Buyer requires the goods to be packed in packaging, this needs to be explicitly stated in the order. The costs on packaging shall be borne by the Buyer. 2. Where the Buyer requires the products to be modified (customized as requested by the Buyer), PBS shall check whether the required modifications can be made and shall also determine a date on which the modified products can be delivered. Under no circumstances, standard delivery dates shall apply for deliveries of modified products, not even should PBS fail to specify the delivery date. If PBS fails to specify the date, it shall deliver the modified products within a time period reasonable for the required modifications. 3. PBS shall not be responsible for the choice and suitability of products or services ordered by the Buyer for the purposes intended by the Buyer. 4. Unless agreed otherwise, PBS is entitled to perform the Supply through partial supplies, and the Buyer is obliged to accept the partial supply. In such a case, the Buyer must pay the respective part of the price upon the completion of the respective partial supply at the latest. 5. The Buyer is obliged to accept the Subject of Performance at the agreed place and time of performance. The Supply shall be considered completed by PBS once it is delivered at the agreed place and time of performance, even should the Buyer fail to arrive or refuse to take over the Supply or where the Buyer refuses to confirm the Handover Protocol. Unless agreed otherwise in writing, PBS is also entitled to deliver the Subject of Performance before the agreed time of performance. Should the Buyer be in default with regard to the takeover of the Subject of Performance, the risk of damage shall pass to the Buyer. 6. Should the Buyer fail to take over the Subject of Performance at the agreed time of performance or, where the date of the handover/takeover has not been agreed between the Parties, within fourteen (14) days following the delivery of the PBS’s notice to the Buyer stating that the Subject of Performance is ready to be taken over, PBS shall store the Subject of Performance and the Buyer shall pay any costs related to such storage. PBS shall inform the Buyer of the storage in writing. Should the Buyer be in default with the takeover for more than 2 weeks, PBS is entitled to withdraw from the Contract. 7. Should, for reasons for which is PBS liable, PBS fail to provide the contracted delivery within the agreed time period, and such a time period is exceeded by more than 14 days, the Buyer may claim a contractual penalty of 0.1 % of the price of the contracted delivery, with delivery of which PBS is in default, for each full calendar week of delay, however, the total sum of the contractual penalty shall not exceed the amount equal to 5 % of the price of the respective contracted delivery. PBS is obliged to pay the contractual penalty within ten (10) calendar days from delivery of the request for payment of the contractual penalty.

DELIVERY CONDITIONS, DELIVERY PERIODS. 1. Unless agreed otherwise in writing, products shall be delivered FCA Velká Bíteš according to INCOTERMS 2010 2020 rules. Where the Buyer requires the goods to be packed in packaging, this needs to be explicitly stated in the order. The costs on packaging shall be borne by the Buyer. 2. Where the Buyer requires the products to be modified (customized as requested by the Buyer), PBS shall check whether the required modifications can be made and shall also determine a date on which the modified products can be delivered. Under no circumstances, standard delivery dates shall apply for deliveries of modified products, not even should PBS fail to specify the delivery date. If PBS fails to specify the date, it shall deliver the modified products within a time period reasonable for the required modifications. 3. PBS shall not be responsible for the choice and suitability of products or services ordered by the Buyer for the purposes intended by the Buyer. 4. Unless agreed otherwise, PBS is entitled to perform the Supply through partial supplies, and the Buyer is obliged to accept the partial supply. In such a case, the Buyer must pay the respective part of the price upon the completion of the respective partial supply at the latest. 5. The Buyer is obliged to accept the Subject of Performance at the agreed place and time of performance. The Supply shall be considered completed by PBS once it is delivered at the agreed place and time of performance, even should the Buyer fail to arrive or refuse to take over the Supply or where the Buyer refuses to confirm the Handover Protocol. Unless agreed otherwise in writing, PBS is also entitled to deliver the Subject of Performance before the agreed time of performance. Should the Buyer be in default with regard to the takeover of the Subject of Performance, the risk of damage shall pass to the Buyer. 6. Should the Buyer fail to take over the Subject of Performance at the agreed time of performance or, where the date of the handover/takeover has not been agreed between the Parties, within fourteen (14) days following the delivery of the PBS’s notice to the Buyer stating that the Subject of Performance is ready to be taken over, PBS shall store the Subject of Performance and the Buyer shall pay any costs related to such storage. PBS shall inform the Buyer of the storage in writing. Should the Buyer be in default with the takeover for more than 2 weeks, PBS is entitled to withdraw from the Contract. 7. Should, for reasons for which is PBS liable, PBS fail to provide the contracted delivery within the agreed time period, and such a time period is exceeded by more than 14 days, the Buyer may claim a contractual penalty of 0.1 % of the price of the contracted delivery, with delivery of which PBS is in default, for each full calendar week of delay, however, the total sum of the contractual penalty shall not exceed the amount equal to 5 % of the price of the respective contracted delivery. PBS is obliged to pay the contractual penalty within ten (10) calendar days from delivery of the request for payment of the contractual penalty.fourteen

DELIVERY CONDITIONS, DELIVERY PERIODS. 1. Unless agreed otherwise in writing, products shall be delivered FCA Velká Bíteš PBS designated and authorized production site according to INCOTERMS 2010 2020 rules. Where the Buyer requires the goods to be packed in packaging, this needs to be explicitly stated in the order. Otherwise, the goods will be delivered without packaging. The costs on packaging shall be borne by the Buyer. 2. Where the Buyer requires the products to be modified (customized as requested by the Buyer), PBS shall check whether the required modifications can be made and and, if the modifications can be made, PBS shall also determine a date on which the modified products can be delivered. Under no circumstances, standard delivery dates shall apply for deliveries of modified products, not even should PBS fail to specify the delivery date. If PBS fails to specify the date, it shall deliver the modified products within a time period reasonable for the required modifications. 3. PBS shall not be responsible for the choice and suitability of products or services ordered by the Buyer for the purposes intended by the Buyer. 4. Unless agreed otherwise, PBS is entitled to perform the Supply Delivery through partial suppliesdeliveries, and the Buyer is obliged to accept the partial supplydeliveries. In such a case, the Buyer must pay the respective part of the price upon the completion of the respective partial supply delivery at the latest. 5. The Buyer is obliged to accept the Subject of Performance at the agreed place and time of performance. The Supply Delivery shall be considered completed by PBS once it is delivered at the agreed place and time of performance, even should the Buyer fail to arrive or refuse to take over the Supply Delivery or where the Buyer refuses to confirm the Handover Protocol. Unless agreed otherwise in writing, PBS is also entitled to deliver the Subject of Performance before the agreed time of performance. Should the Buyer be in default with regard to the takeover of the Subject of Performance, the risk of damage shall pass to the Buyer. 6. Should the Buyer fail to take over the Subject of Performance at the agreed time of performance or, where the date of the handover/takeover has not been agreed between the Parties, within fourteen (14) days following the delivery of the PBS’s PBS shall deliver a notice to the Buyer stating that the Subject of Performance is ready to be taken overfor takeover and, after a period of fourteen (14) days from the delivery of such notice, PBS shall store the Subject of Performance and the Buyer shall pay any all costs related to such storage. In the event that the Buyer's delay in takeover lasts longer than fourteen (14) days, PBS shall inform be entitled to demand payment of a contractual penalty in the amount of 0.02% of the price of the agreed performance whose takeover by the Buyer is in delay for each day of delay commenced, however, the total sum of such contractual penalty shall not exceed an amount corresponding to 5% of the storage in writingprice of the agreed performance. Should the Buyer PBS shall also be in default with the takeover for more than 2 weeks, PBS is entitled to withdraw from the ContractContract for this reason. 7. Should, for reasons for which is PBS liable, PBS fail to provide the contracted delivery within the agreed time period, and such a time period is exceeded by more than 14 days, the Buyer may claim a contractual penalty of 0.1 0.1% of the price of the contracted delivery, with delivery of which PBS is in default, for each full calendar week of delay, however, the total sum of the contractual penalty shall not exceed the amount equal to 5 5% of the price of the respective contracted delivery. PBS is obliged to pay the contractual penalty within ten (10) calendar days from delivery of the request for payment of the contractual penalty. 8. PBS is entitled to interrupt or suspend its performance towards the Buyer whenever the Buyer is in default with the payment of any the PBS’s payable receivables against the Buyer or is in default with the fulfilment of other contractual obligation arising from any contract entered into between the Buyer and PBS; in such a case, PBS must notify the Buyer in writing at least 7 days prior to the interruption or suspension of the performance towards the Buyer. Regardless of whether PBS decides to suspend its performance, in the event of the Buyer’s default with the payment of any of the PBS’s payable receivables against the Buyer or with the fulfilment of other contractual obligation arising from any contract entered into between the Buyer and PBS: (i) the time of performance shall automatically extend for PBS by the time for which the Buyer is in default with the payment of any payable receivable or with the fulfilment of other contractual obligation; and (ii) the Buyer shall pay PBS any and all costs incurred by PBS due to the Buyer’s default with the payment of any due claim to PBS (including costs of financing and storage, demurrage, etc.) or as a result of the Buyer’s failure to fulfil other contractual obligation arising from any contract between the Buyer and PBS.