Common use of Delivery Conditions Clause in Contracts

Delivery Conditions. Before delivery of the Device to the Client’s Production Plant I, the Device acceptance testing shall be performed at the Contractor’s manufacturing plant (acceptance tests FAT) in the presence of the Contractor and the Client. The Contractor shall give a written advance notice to the Client so that the Client could take part in the factory acceptance process. During the Device factory acceptance tests (FAT) the acceptance tests specified in Annex No. 8 hereof shall be performed, whose purpose is to obtain test samples, which will be evaluated by the Client next working day of their receipt and which shall be approved by report on the successful acceptance tests result. This evaluation shall demonstrate the Device quality and make; the necessary testing materials shall be provided by the Client, at its expense. In the event of a positive evaluation of the test samples, the Client informs the Contractor of this fact and sends it to him to sign 2 counterparts of a Protocol of the acceptance tests (FAT) , whose template is attached as Annex No. 4, which is an integral part hereof. In this Protocol the Contracting Parties will confirm that the Device meets the quality and make conditions specified herein. In the event that the evaluation of the samples does not confirm compliance with the required parameters the Client sends to sign by the Contractor 2 counterparts of a report of the acceptance test results with their comments and reservations, including the setting of the period of 2 weeks for elimination of any inconsistencies identified. If the Contractor has his own template of the report of the acceptance test results, it may be attached to the Client’s Protocol or report of the acceptance test as an annex. The above procedure can be repeated once, provided that subsequent acceptance tests must be initiated no later than 2 weeks after the notification of the Client of the result of the evaluation of the previous acceptance tests. In case of two unsuccessful factory acceptance tests, the Client has the right not to take over the Device and is entitled to withdraw from the Contract. If the results of the acceptance tests confirm that the Device complies with requirements specified herein and a Protocol of the acceptance tests (FAT) has been signed, the Contractor shall arrange for transportation of the Device to the Client’s Production plant I in accordance with Article IV Paragraph 3 hereof. Delivery cannot be rejected if minor defects are identified during the acceptance tests which do not reduce the Device proper function or significantly do not affect the resulting quality of processed products/materials, and the Contractor undertakes to eliminate these minor defects without delay. The Client is entitled to decide whether only minor defects have been identified as per the previous sentence of this paragraph.

Delivery Conditions. 1. Before delivery of the Device to the Client’s Production Plant I, the Device acceptance testing shall be performed at the Contractor’s manufacturing plant (acceptance tests FAT) in the presence of the Contractor and the Client. The Contractor shall give a written advance notice to the Client so that the Client could take part in the factory acceptance process. 2. During the Device factory acceptance tests (FAT) the acceptance tests specified in Annex No. 8 7 hereof shall be performed, whose purpose is to obtain test samples, which will be evaluated by the Client next working day of their receipt and which shall be approved by report on the successful acceptance tests result. This evaluation shall demonstrate the Device quality and make; the necessary testing materials shall be provided by the Client, at its expense. 3. In the event of a positive evaluation of the test samples, the Client informs the Contractor of this fact and sends it to him to sign 2 counterparts of a Protocol report of the acceptance tests (FAT) test results, whose template is attached as Annex No. 4, in which is an integral part hereof. In this Protocol the Contracting Parties will confirm that the Device meets the quality and make conditions specified herein. In the event that the evaluation of the samples does not confirm compliance with the required parameters the Client sends to sign by the Contractor 2 counterparts of a report of the acceptance test results with their comments and reservations, including the setting of the period of 2 weeks for elimination of any inconsistencies identified. If the Contractor has his own template of the report of the acceptance test results, it may be attached to the Client’s Protocol or report of the acceptance test as an annex. The above procedure can be repeated once, provided that subsequent acceptance tests must be initiated no later than 2 weeks after the notification of the Client of the result of the evaluation of the previous acceptance tests. In case of two unsuccessful factory acceptance tests, the Client has the right not to take over the Device and is entitled to withdraw from the Contract. 4. If the results of the acceptance tests confirm that the Device complies with requirements specified herein and a Protocol of the acceptance tests (FAT) has been signedherein, the Contractor shall arrange for transportation of the Device to the Client’s Production plant I in accordance with Article IV Paragraph 3 hereof. I. Delivery cannot be rejected if minor defects are identified during the acceptance tests which do not reduce the Device proper function or significantly do not affect the resulting quality of processed products/materials, and the Contractor undertakes to eliminate these minor defects without delay. The Client is entitled to decide whether only minor defects have been identified as per the previous sentence of this paragraph.

Delivery Conditions. Before 4.1 The terms and conditions of delivery of the Device to the Client’s Production Plant I, the Device acceptance testing shall be performed at the Contractor’s manufacturing plant (acceptance tests FAT) are given in the presence Confirmation of the Contractor Order. Delivery periods are calculated in working days and the Client. The Contractor shall give a written advance notice are to the Client so that the Client could take part in the factory acceptance process. During the Device factory acceptance tests (FAT) the acceptance tests specified in Annex No. 8 hereof shall be performed, whose purpose is to obtain test samples, which will be evaluated by the Client next working day of their receipt considered merely indicative and which shall be approved by report on the successful acceptance tests result. This evaluation shall demonstrate the Device quality and make; the necessary testing materials shall be provided by the Client, at its expensenot binding. In the event of a positive evaluation multiple deliveries and the non- availability of certain Products, Templari S.p.A. may provide partial delivery of available Products until the Purchaser’s Order is settled. 4.2 Observance of the test samplesdelivery deadline presupposes that all commercial, administrative and technical aspects have been defined and agreed upon and that the Purchaser has fulfilled their obligations, including submission of the necessary documents and payment of all due amounts. Should the Purchaser be late in fulfilling their obligations, the Client informs term shall be extended accordingly, subject always to the Contractor of this fact and sends it Seller's right to him to sign 2 counterparts of a Protocol demand full performance or termination of the acceptance tests (FAT) contract. 4.3 Should the Seller be unable to comply with the delivery conditions, whose template is attached as Annex Noe.g. due to delays or non- deliveries from its vendors or due to force majeure, the commencement of the terms shall be suspended from the day of the communication of said hindrances to the Purchaser. 4After 120 days have elapsed without the hindrance having ceased, which is an integral part hereofeither party may terminate the agreement by simple written notice to the other party, and neither party shall have any further claim on the other. In this Protocol any event, the Contracting Parties will confirm that Seller shall not be considered in breach of contract or liable to the 4.4 Should the Device meets the quality and make conditions specified herein. In the event that the evaluation Purchaser refuse to take delivery of all or even only part of the samples does not confirm compliance with Products at the required parameters place of delivery or to collect them from the Client sends Templari warehouse, the Seller may, at their sole discretion, request execution of the contract, or declare its total or partial termination, without prejudice to sign the following terms. Any liability of the Seller for risks and expenses arising out of, or attendant on, the storage of the Products is expressly excluded. 4.5 Under no circumstances shall any delays by the Contractor 2 counterparts of a report Seller in delivering the products entitle the Purchaser to terminate the Contract or claim damages. The Purchaser waives in advance the right to raise any objection, claim, exception or counterclaim in this regard. 4.6 The Customer shall confirm receipt of the acceptance test results Product by signing the delivery note accompanying the Product with their comments and reservations, including the setting of the period of 2 weeks for elimination of any inconsistencies identified. If the Contractor has his own template of the report of the acceptance test results, it may be attached to the Client’s Protocol or report of the acceptance test as an annex. The above procedure can be repeated once, provided that subsequent acceptance tests must be initiated no later than 2 weeks after the notification of the Client of the result of the evaluation of the previous acceptance tests. In case of two unsuccessful factory acceptance tests, the Client has the right not to take over the Device and is entitled to withdraw from the Contract. If the results of the acceptance tests confirm that the Device complies with requirements specified herein and a Protocol of the acceptance tests (FAT) has been signed, the Contractor shall arrange for transportation of the Device to the Client’s Production plant I in accordance with Article IV Paragraph 3 hereof. Delivery cannot be rejected if minor defects are identified during the acceptance tests which do not reduce the Device proper function or significantly do not affect the resulting quality of processed products/materials, and the Contractor undertakes to eliminate these minor defects without delay. The Client is entitled to decide whether only minor defects have been identified as per the previous sentence of this paragraphlegally valid signature.

Delivery Conditions. 1. The Buyer shall provide the equipment required by the Seller for unloading the Device, unpacking and its installation at the place of performance on the basis of a written request sent by the Seller so that the installation of the Device is observed within the period specified in the time schedule; any costs associated with this are borne by the Buyer. 2. Before delivery of the Device to the ClientBuyer’s Production Plant Ifacility, the Device acceptance testing shall be performed at the ContractorSeller’s manufacturing plant (acceptance tests FAT) in the presence of the Contractor Seller and the ClientBuyer. The Contractor Seller shall give a written advance notice to the Client Buyer so that the Client Buyer could take part in the factory acceptance process. Any reservations or comments regarding the Device shall be handled by the Seller so that the term of the Device delivery to the Buyer specified in Art. IV (1) hereof would be kept. 3. During the Device factory acceptance tests (FAT) the acceptance tests specified in Annex No. 8 7 hereof shall be performedperformed for one business day, whose purpose is to obtain test samples, which will be evaluated by the Client next working day of their receipt and which shall be approved by report on the successful acceptance tests result. This evaluation shall demonstrate the Device quality and make; the necessary testing materials shall be provided by the ClientBuyer, at its expense. 4. In the event of a positive evaluation of the test samples, the Client informs the Contractor of this fact and sends it to him to sign 2 counterparts of a Protocol report of the acceptance tests (FAT) test results, whose template is attached as Annex No. 4, which is an integral part hereof. In this Protocol the Contracting Parties will shall either confirm that the Device taken over meets the quality and make conditions specified herein. In the event that the evaluation of the samples does not confirm compliance with the required parameters the Client sends to sign by the Contractor 2 counterparts of a report of the acceptance test results with , or give their comments and reservations, including the setting of the period of 2 weeks periods for elimination of any inconsistencies identified. If The Buyer may only ask the Contractor has his own template Seller to repeat the acceptance tests if major defects are identified, or if the current setting of the report of Device could negatively affect the acceptance test results, it may be attached to the Client’s Protocol or report of the acceptance test as an annexproduction quality. The above procedure can be repeated once, provided that subsequent acceptance tests must be initiated no later than 2 weeks after the notification of the Client of the result of the evaluation of the previous acceptance tests. In case of two unsuccessful factory acceptance tests, the Client has the right not to take over the Device and Buyer is entitled to withdraw from decide whether the ContractDevice defect could affect the quality of the Buyer’s production as per the previous sentence of this paragraph. 5. If Should the results of the acceptance tests confirm that the Device complies with requirements specified herein and a Protocol of the acceptance tests (FAT) has been signedherein, the Contractor Seller shall arrange for transportation of the Device to the ClientBuyer’s Production plant I in accordance with Article IV Paragraph 3 hereoffacility. Delivery cannot be rejected if minor defects are identified during the acceptance tests which do not reduce the Device proper function or significantly do not affect the resulting quality of processed products/materialsthe final product, and the Contractor Seller undertakes to eliminate these minor defects without delay. The Client Buyer is entitled to decide whether only minor defects have been identified as per the previous sentence of this paragraph.

Delivery Conditions. Before delivery of the Device to the ClientBuyer’s Production Plant Ifacility, the Device acceptance testing shall be performed at the ContractorSeller’s manufacturing plant (acceptance tests FAT) in the presence of the Contractor Seller and the ClientBuyer. The Contractor Seller shall give a written advance notice to the Client Buyer so that the Client Buyer could take part in the factory acceptance process. During the Device factory acceptance tests (FAT) the acceptance tests specified in Annex No. 8 7 hereof shall be performedperformed for two business days, whose purpose is to obtain test samples, which will be evaluated by the Client next Buyer within 10 working day days of their receipt and which shall be approved by report on the successful acceptance tests resultreceipt. This evaluation shall demonstrate the Device quality and make; the necessary testing materials shall be provided by the ClientBuyer, at its expense. In the event of a positive evaluation of the test samples, the Client Buyer informs the Contractor Seller of this fact and sends it to him to sign 2 counterparts of a Protocol report of the acceptance tests (FAT) test results, whose template is attached as Annex No. 4, in which is an integral part hereof. In this Protocol the Contracting Parties will confirm that the Device meets the quality and make conditions specified herein. In the event that the evaluation of the samples does not confirm compliance with the required parameters the Client Buyer sends to sign by the Contractor Seller 2 counterparts of a report of the acceptance test results with their comments and reservations, including the setting of the period of 2 two weeks for elimination of any inconsistencies identified. If the Contractor Seller has his own template of the report of the acceptance test results, it may be attached to the ClientBuyer’s Protocol or report of the acceptance test as an annex. * PMC The above procedure can be repeated oncetwice, provided that subsequent acceptance tests must be initiated no later than 2 weeks after the notification of the Client Buyer of the result of the evaluation of the previous acceptance tests. In case of two three unsuccessful factory acceptance tests, the Client Buyer has the right not to take over the Device and is entitled to withdraw from the Contract. If Should the results of the acceptance tests confirm that the Device complies with requirements specified herein and a Protocol of the acceptance tests (FAT) has been signedherein, the Contractor Seller shall arrange for transportation of the Device to the ClientBuyer’s Production plant I in accordance with Article IV Paragraph 3 hereoffacility. Delivery cannot be rejected if minor defects are identified during the acceptance tests which do not reduce the Device proper function or significantly do not affect the resulting quality of processed products/materialslaminated sheets, and the Contractor Seller undertakes to eliminate these minor defects without delay. The Client Buyer is entitled to decide whether only minor defects have been identified as per the previous sentence of this paragraph.