Common use of Delivery of Goods Clause in Contracts

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept or take delivery of the Goods within 20 Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 20 Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser 4.8 The Customer shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding not be entitled to reject the Goods if the Supplier delivers up to and including 5 per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered. 4.9 The Supplier may deliver the Goods by instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 3.1. The Supplier shall ensure that: 3.1.1. the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their destination in good condition; 3.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (Incoterms 2020if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) Supplier’s premises unless specifically agreed and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 3.1.3. it states clearly on the delivery note any requirement for the Customer to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only and be returned to the time of delivery is not Supplier at the cost of the essenceSupplier. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery 3.2. The Supplier shall deliver the Goods: 3.2.1. on the date required specified in the Order and time is of the essence for any and all deliveries of Goods; 3.2.2. to the Customer’s premises or such other location as is set out in the Order or as otherwise instructed by the ContractCustomer before delivery (“Delivery Location”); and 3.2.3. during the Customer’s normal hours of business on a Business Day, or after seven (7) days’ written notice from as instructed by the Customer. 3.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location and issuance of an acknowledgement of receipt by an Authorized Person. 3.4. Nothing in these Terms shall oblige the Customer to accept any deliveries exceeding or falling short of the ordered quantities, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier where no such date is specifieddelivers more or less than the quantity of Goods ordered, and the Customer accepts the delivery, the Supplier shall be entitled to: (a) issue an make a pro rata adjustment to the invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject 3.5. The Supplier shall not deliver the Goods and/or terminate in instalments without the Contract Customer’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for late delivery of separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 5.1. 3.6. Title and risk in the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable pass to the supply Customer on completion of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsdelivery. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All ‌ 4.1 Ornua shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Ornua reference numbers, and the type and quantity of the Goods (including the code number of the Goods, where applicable); and (b) it states clearly on the delivery note any requirement for the Customer to return any packaging material (such as, for example, pallets, steel cages (and any variations thereof), glass bottles and plastic crates) to Ornua. The Customer shall make any such packaging materials available for collection at such times as Ornua shall reasonably request and shall not reuse such packaging materials. Returns of packaging materials shall be at Ornua's expense except that Ornua reserves the right to charge the Customer for packaging materials which are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed not returned within the time specified by Ornua or which have been returned but are not in a fit state or condition for reuse by Ornua. 4.2 Ornua shall deliver the Goods to the contrary location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location).‌‌ 4.3 Delivery of the Goods shall be completed on the completion of the making available, unloading or loading of the Goods at the Delivery Location in accordance with the Incoterms® agreed for the Order concerned. 4.4 In the case of Goods delivered in sealed containers, the Customer must ensure that: (a) the containers and the seal numbers and quantities correspond with those shown on the delivery note;‌‌ (b) the seals are intact, and it shall notify Ornua without delay of any Order. discrepancy or broken seal; and (c) the relevant officials from HM Revenue & Customs or other relevant customs authority (if outside the UK) are present if any action is taken.‌ 4.5 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 4.6 If Goods are ready for delivery and Purchaser Ornua fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Ornua shall have no liability for any failure or delay in delivery of Goods to the extent caused by a Force Majeure Event or the Customer's failure to provide Ornua with adequate delivery instructions or other relevant instructions related to supply of the Goods. 2.5 Purchaser shall promptly inspect 4.7 If 10 Business Days after Ornua notified the Customer that Goods were ready for collection or delivery the Customer has not taken or accepted delivery of them, Ornua may resell or otherwise dispose of part or all delivered of the Goods and shall notify Supplier in writing of charge the Customer for any issues regarding reasonable storage and selling costs incurred.‌ 4.8 Ornua may deliver the Goods deliveredby instalments, includingwhich shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 4.9 The Customer is responsible for obtaining, without limitationat its own cost, such import licences and other consents in relation to the Goods as are required from time to quantitytime and, type if required by Ornua, the Customer shall make those licences and quality, within tenconsents available to Ornua prior to the relevant shipment.

Delivery of Goods. 2.1 All (a) The Goods are supplied Ex Works (Incoterms 2020) Supplierwill be deemed to have been delivered upon the date on which the Goods leave the Company’s premises unless specifically agreed (whether the Goods have been collected by the Customer or on its behalf or the Goods have been delivered to the contrary in any Order. Customer by the Company). (b) Any date or dates quoted for delivery of the Goods by the Company are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Company shall not be liable for any delay in delivery of the Goods or failure to make them ready for collection on such dates howsoever caused. (c) The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer and where the Order includes more than one Completed Vehicle, part deliveries are permitted. (d) If the Customer fail to take delivery of the Goods within a period of twenty Business Days then, without prejudice to any other right or remedy available to the Company, the Company may elect (at its reasonable discretion) to: i) store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance); or ii) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price already paid by the Customer under the Contract or charge the Customer for any shortfall below the price payable by it under the Contract. (e) Delays in the delivery of an Order shall not entitle the Customer to: i) refuse to take delivery of the Order; ii) claim damages; or iii) terminate the Contract. The Company shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by Purchaserthe Customer's action or inaction including, without limitation, failure to provide Supplier comply with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsits obligations under these Terms. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods The lastly published version of the Incoterms (including the latest addendums), issued by the International Chamber of Commerce in Paris, are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed applicable to the contrary interpretation of delivery conditions, unless expressly stipulated otherwise in writing in the Agreement. In case of a discrepancy between the applicable Incoterms and these Purchase Terms and Conditions, the Purchase Terms and Conditions prevail. Delivery takes place in accordance with the applicable European and Dutch legislation and regulations and are, unless otherwise agreed upon in writing, Delivered Duty Paid (DDP) at the stipulated delivery location, promptly at the stipulated time or within the stipulated period. The delivery is only completed at the moment that receipt was taken by or on behalf of RWE of the Goods with all thereto-pertaining Tools and Documentation and the delivery was signed for approval by RWE. The latter signature does not affect that the delivered goods can be rejected in pursuance of article 12. Moreover, the Other Party cannot derive any Orderright from the first sentence of this paragraph and the signature does therefore not oppose the (by way of example) exercise by RWE of its rights on account of (inter alia) a shortcoming on the part of the Other Party. Any dates quoted The (delivery) periods mentioned in the offer or Agreement are fatal deadlines. As a result of the mere overstepping of the aforementioned periods, and without a further notice of default being required, the Other Party shall be in default. If a period or date for delivery are approximate only and completion has not expressly been stipulated then a reasonable period applies to completion, which shall not exceed more than four (4) weeks to be calculated from the moment of conclusion of the Agreement. RWE reserves the right to further determine the time of delivery by call provided that the call takes place within the stipulate delivery period. If the call falls at a moment that falls after the stipulated delivery period, then this shall not entitle the Other Party to a price change or compensation for damages or costs. Delivery is not also understood to include the delivery of all Tools and Documentation pertaining to the Goods and/or Services. If RWE requests the Other Party to postpone the delivery then the Other Party shall store, secure and insure the Goods in a properly packaged manner and in a manner recognisably meant for RWE and take all reasonable measures in order to avoid deterioration of the essence. 2.2 If Goods are ready for at a reasonable fee further to be stipulated in writing. As the occasion arises RWE shall no be default. As soon as the Other Party understands or should within reason understand that the delivery and Purchaser fails cannot take place then it immediately informs RWE accordingly in writing. The above equally applies in case of a late or improper delivery. In the aforementioned instances the Other Party shall state the circumstances that give cause to take delivery this shortcoming. This also applies if the cause hereof can be found on the date required by part of RWE. Without prejudice to the Contractright of RWE to, or after seven (7) days’ written notice from Supplier where no such date is specifiedin accordance with the provisions set forth in articles 20.1-20.4, Supplier terminate the Agreement, the Parties shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contractenter into discussions if, and without prejudice if so in what manner, the situation can be solved to the satisfaction of RWE. As the occasion arises RWE shall in any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall case be entitled to resell personally perform a repair or replacement or request third parties to do so. The associated costs are at the Goods. 2.4 Any right expense of Purchaser the Other Party. The Other Party is not authorised to reject suspend its delivery obligation if RWE fails to comply with (one of) its obligations. The Other Party is not authorised to perform partial deliveries, unless stipulated otherwise in writing in the Agreement, in which instance for the purpose of the Purchase Terms and Conditions delivery is also understood to include partial delivery. The Other Party must in that case inform RWE in writing of the partial deliveries, stating the correct dates of the partial deliveries. The Other Party must provide the Goods to be delivered with the prescribed transport documents and of a clearly visible packing list and/or terminate the Contract for late delivery copy of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery invoice that states: name and address of the Goods within not less than thirty Other Party, (30purchase) days order number, order, date of service despatch, number of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price despatched quantities and name of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order, or such other location as the parties may agree (Delivery Location), at any time after Voip Unlimited notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event, or the Customer's action or inaction including, without limitation, failure to provide Supplier Voip Unlimited with adequate delivery instructions instructions, or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Voip Unlimited fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar specification and quality, in the cheapest market available, less the price of the Goods. 2.5 Purchaser 4.6 Voip Unlimited shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods deliveredto the extent that such failure is caused by a Force Majeure Event, includingthe Customer's failure to provide Voip Unlimited with adequate delivery instructions for the Goods, without limitationor any relevant instruction related to the delivery of the Goods. 4.7 If the Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Customer that the Goods are ready, as then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to quantitycomply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Customer that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place, type and qualitycharge the Customer for all related costs and expenses (including insurance). 4.8 If thirty Business Days after Voip Unlimited notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, within tenVoip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

Delivery of Goods. 2.1 All 3.1 Where the Contract is for supply of Goods, delivery shall take place on the Delivery Date at the Delivery Address during the usual opening hours of those premises, in accordance with any instructions specified by the Council, including any instructions on ensuring the security of the Delivery Address. 3.2 Time of delivery of Goods is of the essence in the Contract unless otherwise specified by the Council. 3.3 If the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to not delivered on time, the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including Council reserves the right to recover cancel the purchase price whole or any part of the Order, in fullwhich case You will, Supplier if the Council instructs you, do so, promptly collect any Goods delivered to the Council at Your expense. The Council will not be required to make any payment for the Goods subject to such cancellation. 3.4 Unless otherwise agreed in writing by the parties or stated in the Contract Documents, You are not entitled to deliver the Goods in instalments. 3.5 The Goods shall be packed in such a manner as to reach their destination undamaged. The Council shall not be obliged to return to You any packaging materials for the Goods, save for any empty returnable containers marked as such, which You will collect at Your sole cost and risk. However where the Contract also includes the service of unpacking and/or installing the Goods, You shall remove all packaging, recycling it where possible but otherwise in accordance with all legislation on the disposal of waste. 3.6 Each Delivery of Goods must be accompanied by a detailed Goods Delivery Note. The Council shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the any Goods and/or terminate the Contract for late delivery delivered without a Goods Delivery Note. Where Delivery of the Goods is in accordance with the Contract, a Council representative shall not be exercisable unless Purchaser sign the Goods Delivery Note. A Goods Delivery Note that has first served written notice on Supplier requiring Supplier to complete delivery been signed by a Council representative shall constitute evidence only that Delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier has occurred and shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable constitute evidence as to the supply of the Goods. If Supplier fails to deliverquantity, satisfactory quality or is late in delivering the Goods, Supplier’s liability shall be limited to the price otherwise of the Goods. 2.5 Purchaser 3.7 The Council shall promptly inspect all delivered Goods and shall notify Supplier in writing not be obliged to accept the delivery of any issues regarding Goods or any quantities of Goods varying from those specified in the Contract. 3.8 Where any Goods delivereddelivered to the Council are delivered to the wrong place, including, without limitation, as You shall be solely responsible for and bear the costs incurred in redirecting such Goods to quantity, type and quality, within tentheir correct destination.

Delivery of Goods. 2.1 All 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order, or such other location as the parties may agree (Delivery Location), at any time after Voip Unlimited notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event, or the Customer's action or inaction including, without limitation, failure to provide Supplier Voip Unlimited with adequate delivery instructions instructions, or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Voip Unlimited fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar specification and quality, in the cheapest market available, less the price of the Goods. 2.5 Purchaser 4.6 Voip Unlimited shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods deliveredto the extent that such failure is caused by a Force Majeure Event, includingthe Customer's failure to provide Voip Unlimited with adequate delivery instructions for the Goods, without limitationor any relevant instruction related to the delivery of the Goods. 4.7 If the Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Customer that the Goods are ready, as then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to quantitycomply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Customer that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance). 4.8 If thirty Business Days after Voip Unlimited notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, type Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and qualityselling costs, within tenaccount to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

Delivery of Goods. 2.1 All 4.1 Unless otherwise agreed in writing, all Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed shall be delivered in accordance with the delivery Requirements to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not Delivery Site. 4.2 Delivery of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under completed at the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price moment receipt has been acknowledged by ASTRI in full, Supplier writing but this shall be entitled to resell not constitute acceptance of the Goods. 2.4 Any right of Purchaser to reject 4.3 Supplier shall, concurrently with the Goods and/or terminate the Contract for late delivery of the Goods, provide ASTRI with copies of all applicable licenses (if applicable and required by ASTRI). Each delivery of Goods to ASTRI shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery include a packing list which contains at least the applicable PO number, the description and quantity of the Goods within not less than thirty shipped and the date of shipment. Each package of Goods shipped shall be externally labeled to indicate the description and quantity of the Goods contained therein. 4.4 Supplier shall make no partial delivery or any delivery before the agreed delivery date(s). ASTRI reserves the right to: (30i) days reject the delivery of service Goods and return the same at Supplier’s risk and expense if Supplier defaults in the manner and/or time of that notice on delivery; and (ii) purchase the Goods elsewhere and claim Supplier in accordance with Section 14. Supplier for all losses and damages arising therefrom. 4.5 ASTRI shall not be liable for any delay costs and expenses incurred by Supplier related to production, installation, assembly or any other work related to the Goods, prior to the delivery in accordance with this Agreement. 4.6 Supplier is responsible, at its own cost and expense, for the insurance, packaging, transportation and delivery of the Goods caused by Purchaser's action or inaction includingto the Delivery Site. Supplier shall ensure that the Goods delivered at the Delivery Site shall be in good working condition without any loss, without limitationdamage and defect. Supplier shall xxxx, xxxx and ship the Goods in accordance with sound commercial practices and ASTRI’s Requirements to facilitate efficient unloading, handling and storage, and all Goods shall be clearly marked as destined for ASTRI. 4.7 Supplier shall be responsible for any loss and damage due to its failure to provide Supplier with adequate delivery instructions or any other informationproperly preserve, applicable to the supply of package, handle, pack and deliver the Goods. If Supplier fails ASTRI shall not be required to deliver, assert any claims for such loss or is late in delivering damage against the Goods, Supplier’s liability shall be limited to the price of the Goodscommon carrier involved. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree and where applicable delivery may be made remotely (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.2 Delivery of the contrary in any Order. Goods shall be completed on the completion of unloading of the Goods at the Delivery Location or if the Goods comprise software on the delivery of that software which may be installed remotely. 4.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other informationinstructions that are relevant to the supply of the Goods including a failure by the Customer to provide the Supplier with remote access for the installation of software 4.4 If the Supplier fails to deliver the Goods, applicable its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or failing to enable the Supplier to have remote access, or any relevant instruction related to the supply of the Goods. . 4.5 If Supplier the Customer fails to deliveraccept delivery of the Goods or enabling access by the Supplier remotely, within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is late caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in delivering respect of the Goods, Supplier’s liability : (a) delivery of the Goods shall be limited deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them or enabled remote access for installation of software, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify 4.7 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All Goods are supplied Ex Unless otherwise agreed upon in writing, ID PLASTICS shall deliver goods EX Works (Incoterms 20202000) Supplier’s ID PLASTICS’ premises unless specifically agreed to the contrary in at any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods after ID PLASTICS has notified Purchaser that goods are ready for collection by means of an order confirmation note. Selection of the carrier and route of delivery shall be made by ID PLASTICS unless otherwise agreed upon in writing. Delivery of goods to a common carrier or a registered courier shall constitute deliv- ery to Purchaser, and Purchaser fails the expense and risk of loss, ruin, and/or damage shall thereupon pass to take Purchaser. In no event shall ID PLASTICS have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of ID PLASTICS. ID PLASTICS shall also have the option of delivering goods by registered mail at the sole risk and expense of Purchaser. ID PLASTICS will use commercially reasonable efforts to meet requested dates and times for delivery on of goods. However, specific dates and times will not be guaranteed and time shall not be of the date required essence unless previously agreed upon in writing by the Contractparties. Compliance with the estimated date of delivery of goods shall require that all commercial, or after seven (7) days’ written notice from Supplier where no such date contractual and technical issues between Purchaser and ID PLASTICS have been settled. If this is specifiednot the case, Supplier the period for the delivery of goods shall be entitled to: (a) issue extended accordingly. Unless otherwise agreed upon in writing by the parties, ID PLASTICS reserves the right to deliver goods in instalments. Each delivery of goods shall be treated as a separate transaction and payment thereof shall be in proportion to the overall purchase price set out in the Sales Agreement. Delay or failure by ID PLASTICS to deliver an invoice for such Goods; and (b) charge instalment in accordance with these Terms shall not entitle Purchaser to repudiate or cancel the delivery of other instalments or stages of goods under the Sales Agreement. ID PLASTICS shall not be liable to Purchaser for all additional costs and expenses (includingany delay or failure to deliv- er goods due to any cause beyond ID PLASTICS’ reasonable control, includ- ing, without limitation, warehousing any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, illness or injury to workers, delayed or failed deliv- eries by subcontractors, power failure, damage or destruction of production facilities, riot, insurrection, transportation delays or defaults, delay in supply or shortages of fuel, components, raw materials or supplies, labour shortage, acts or omissions of third parties, action of any governmental authority, or any other cause beyond the reasonable control of ID PLASTICS (the "Force Majeure"). In such event, ID PLASTICS must promptly provide Purchaser with written notice of the Force Majeure. ID PLASTICS' time for delivery and/ or performance shall be extended for a period equal to the time lost by rea- sons of the Force Majeure without subjecting ID PLASTICS to any liability or penalty. If the Force Majeure event lasts longer than sixty (60) calendar days, ID PLASTICS may immediately terminate all or part of the Sales Agreement, without incurring any liability or penalty, by providing written notice of such cancellation to Purchaser. In the event that delivery of goods is delayed at the request or by fault of Pur- chaser, ID PLASTICS shall store goods at the risk and insurance) until expense of Purchaser at a rate of 8% of the invoiced amount per month, or part thereof, of storage. Purchaser must promptly provide ID PLASTICS with written notice of any delay in delivery takes place. 2.3 of goods. If Purchaser fails to take delivery of goods within thirty three (303) days of months after the date of invoice it shall be deemed to have waived its rights under the Contractgoods are ready for shipment, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier ID PLASTICS shall be entitled to resell cancel the Goods. 2.4 Any right of Sales Agreement and sell goods at the best price readily obtainable, without incurring any liability or penalty. Purchaser shall be responsible to reject ID PLASTICS for any deficiency in the Goods and/or terminate sale price from the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14amount due by Purchaser. Supplier For greater certainty, ID PLASTICS shall not be liable for any damages, loss- es, costs or expenses (collectively, the Damage") resulting from ID PLASTICS’ delay in delivery of goods to Purchaser unless such Damage arises from the Goods caused by Purchaser's action or inaction includinggross negligence of ID PLASTICS. Notwithstanding the foregoing, without limitation, failure to provide Supplier with adequate where the gross negligence of ID PLASTICS causes a delay in the delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to delivergoods, or is late in delivering the Goods, SupplierPurchaser’s liability sole remedy shall be limited the payment of compensation equal to the price half of a percent (0.5%) per week up to a maximum of five percent (5%) of the Goodsvalue of the portion of the delivery which cannot be used on time for its in- tended purpose as a result of the delay. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 7.1 The Supplier shall Deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary Customer on or by the Date of Delivery. Unless otherwise agreed in any Order. Any dates quoted for delivery are approximate only and writing by the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery Customer, Delivery shall be on the date required and to the address specified in clause 1.7. Delivery of the Goods shall be completed once the completion of unloading the Goods from the transporting vehicle at the Delivery address has taken place and the Customer has signed for the Delivery. 7.2 Any access to the Customer’s premises and any labour and equipment that may be provided by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier Customer in connection with Delivery of the Goods shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional provided without acceptance by the Customer of any liability in respect of any actions, claims, costs and expenses incurred by third parties for any loss of damages to the extent that such loss or damage is not attributable to the negligence or other wrongful act of the Customer or its servant or agent. The Supplier shall indemnify the Customer in respect of any actions, suits, claims, demands, losses, charges, costs and expenses, which the Customer may suffer or incur as a result of or in connection with any damage or injury (including, without limitation, warehousing and insurancewhether fatal or otherwise) until delivery takes placeoccurring in the course of Delivery or installation to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of his sub-Suppliers. 2.3 If Purchaser 7.3 Delivery of the Goods shall be accompanied by a delivery note which shows the Purchase Order Number and the type and quantity of the Goods and, in the case of part Delivery, the outstanding balance remaining to be Delivered. 7.4 Unless otherwise stipulated by the Customer in the Request for Quotes, Deliveries shall only be accepted by the Customer on Working Days and during normal business hours. 7.5 Where (i) the Supplier fails to take delivery within thirty (30) days Deliver the Goods or part of the date Goods or (ii) the Goods or part of invoice it the Goods do not comply with the provisions of clause 3, then without limiting any of its other rights or remedies implied by statute or common law, the Customer shall be deemed entitled: 7.5.1 to have waived its rights under terminate the ContractAgreement; 7.5.2 request the Supplier, free of charge, to deliver substitute Goods within the timescales specified by the Customer; 7.5.3 to require the Supplier, free of charge, to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); 7.5.4 to reject the Goods (in whole or part) and without prejudice return them to any other right that the Supplier may have against Purchaser, including at the right to recover Supplier’s own risk and expense and the purchase price in full, Supplier Customer shall be entitled to resell a full refund on those Goods or part of Goods duly returned; 7.5.5 to buy the Goods.same or similar Goods from another supplier and 2.4 Any right 7.5.6 to recover any expenses incurred in respect of Purchaser to reject buying the Goods and/or terminate the Contract for late delivery of the Goods goods from another supplier which shall include but not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsadministration costs, chargeable staff time and extra delivery costs. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Reseller that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Reseller's action or inaction including, without limitation, failure to provide Supplier Voip Unlimited with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Voip Unlimited fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 2.5 Purchaser 4.6 Voip Unlimited shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods deliveredto the extent that such failure is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.7 If the Reseller fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Reseller that the Goods are ready, includingthen except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance). 4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, without limitationVoip Unlimited may resell or otherwise dispose of part or all of the Goods and, as after deducting reasonable storage and selling costs, account to quantity, type and quality, within tenthe Reseller for any excess over the price of the Goods or charge the Reseller for any shortfall below the price of the Goods.

Delivery of Goods. 2.1 All 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide Supplier Voip Unlimited with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Voip Unlimited fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Voip Unlimited shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Customer that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If thirty Business Days after Voip Unlimited notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery Time is not of the essence. 2.2 If Goods are ready for delivery essence in the performance of this Agreement and Purchaser fails to take delivery as otherwise directed by Xxxxx. Unless otherwise provided on the date required by the Contractapplicable purchase order, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and Goods subject to the Perishable Agricultural Commodities Act shall be delivered “delivered sale” as defined in 7 Code of Federal Regulations §46.43(p) and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser other Goods shall be delivered F.O.B. destination. In the event Seller fails to take deliver the Goods within the time specified, Buyer may, at its sole option, reject the Goods in whole or in part and terminate the Agreement in whole or in part. Seller shall package all Goods in suitable containers to permit safe transportation, handling and storage. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Buyer’s purchase order number must appear on all shipping containers, packing sheets, delivery within thirty (30) days tickets and bills of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including lading. Buyer hereby reserves the right to recover the reschedule in whole or in part any delivery or cancel any purchase price order in full, Supplier shall be entitled whole or in part so long as Seller is notified of such cancellation at any time prior to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply shipment of the Goods. Buyer shall not be subject to any charges, costs or other fees as a result of such cancellation. If Supplier fails it is necessary to deliverpart-ship any order, any additional freight charges which may arise as a result of such partial shipment will be borne by Seller. Upon Xxxxx’s request, Seller shall promptly provide statement of origin for all Goods and United States Customs documentation for all Goods wholly or is late in delivering partially produced outside the GoodsUnited States. The timing, Supplier’s liability location and manner of delivery of Goods shall be limited in a manner which shall cause minimal disruption of Buyer’s business operations. All Goods delivered to one of Seller’s warehouse facilities shall comply with Seller’s Warehouse Vendor Compliance Policy, the price most current version of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within tenwhich can be located at xxxxx://xxxxxxx.xxxxxxxx.xxx/Warehouse-Vendor-Compliance-Policy/.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020a) Supplier’s premises unless specifically agreed Delivery of the goods shall be made by the tenderer to the contrary Hospital's store and in any Order. Any dates quoted for delivery are approximate only and accordance with the time of delivery is not of schedule prescribed by the essenceHospital in the Local Purchase Orders. 2.2 (b) If Goods are ready for delivery and Purchaser fails to take delivery on at any time during the date required by performance of the Contract, the tenderer should encounter conditions impeding timely delivery of the Goods, the tenderer shall promptly notify the Hospital in writing of the fact of the delay, its likely duration, and its causes. On receipt of the tenderer's notice, the Hospital shall evaluate the situation and may at its discretion extend the tender's time for delivery with or after seven (7) days’ written notice from Supplier where no such date is specifiedwithout liquidated damages, Supplier in which case the extension shall be entitled to: ratified by the Hospital by amendment of the Local Purchase Order. However, in the event, that such delay leads the Hospital to procure the same items from other sources the tenderer shall be liable to the Hospital for any excess cost incurred for such similar goods and refusal by the tenderer shall lead to termination. (c) Except as provided under the General Conditions of contract, a delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 2.17 unless an extension of time is agreed upon pursuant to paragraph 2 (b) above without application of liquidated damages. (d) Upon delivery of the Goods, the tenderer shall notify the Hospital and forward the following documents to the Hospital: (i) Copies of the supplier invoice showing Goods description, quantity, unit price, total amount, and Local Purchase Order number (LPO). (ii) Delivery note giving details as (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeabove. 2.3 If Purchaser fails to take delivery within thirty (30iii) days Certificate of Origin (where applicable). The Hospital with the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery arrival of the Goods shall receive the above documents, and if not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of received, the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not will be liable rejected, and the tenderer will be responsible for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsconsequent expenses. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All (a) The Goods are supplied Ex Works will be delivered within a reasonable time after the receipt of Xxxxx's purchase order. Seller shall not be liable for any delays, loss, or damage in transit. (Incoterms 2020b) SupplierUnless otherwise agreed in writing by the parties, Seller shall deliver the Goods to Seller’s premises unless specifically agreed Factory (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods within ten (10) days of Seller's written notice that the Goods have been delivered to the contrary in any OrderDelivery Point. Any dates quoted Buyer shall be responsible for delivery are approximate only all loading costs and the time of delivery is not provide equipment and labour reasonably suited for receipt of the essenceGoods at the Delivery Point. 2.2 (c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfilment of Buyer's purchase order. (d) If Goods are ready for delivery and Purchaser any reason Buyer fails to take accept delivery of any of the Goods on the date required by fixed pursuant to Seller's notice that the ContractGoods have been delivered at the Delivery Point, or after seven (7) days’ written notice from Supplier where no if Seller is unable to deliver the Goods at the Delivery Point on such date is specifiedbecause Buyer has not provided appropriate instructions, Supplier documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be entitled to: (a) issue an invoice for such Goodsdeemed to have been delivered; and (biii) charge Purchaser Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all additional related costs and expenses (including, without limitation, warehousing storage, and insurance) until delivery takes place). 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier7.1 At the Seller’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late sole discretion delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier take place when: (a) the Buyer takes possession of the Goods at the Seller’s address; or (b) the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier). 7.2 At the Seller’s sole discretion, the costs of delivery are in addition to complete the Price. 7.3 The Buyer shall make all arrangements necessary to take delivery of the Goods within whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery. 7.4 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement. 7.5 Any time specified by the Seller for Delivery of the Goods is an estimate only and the Seller will not less be liable for any loss or damage incurred by the Buyer as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Seller is unable to supply the Goods as agreed solely due to any action or inaction of the Buyer, then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage. 7.6 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than thirty the quantity purchased provided that: (30a) days such discrepancy in quantity shall not exceed 5%; and (b) the Price shall be adjusted pro rata to the discrepancy. 7.7 The failure of service of that notice on Supplier in accordance with Section 14. Supplier the Seller to deliver shall not entitle either party to treat this contract as repudiated. 7.8 The Seller shall not be liable for any delay in delivery loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the GoodsSeller. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 Goods are supplied Ex Works (must be delivered in the manner and time stipulated in the Agreement. Delivery is made DDP, Incoterms 2020) Supplier2010, Pop Vriend Seed’s premises unless specifically location in Andijk. 5.2 The Supplier is in default if an agreed to the contrary in any Order. Any dates quoted term for delivery are approximate only and of (parts of) the time of delivery goods is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from exceeded. The Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall will immediately notify Supplier Pop Vriend Seeds in writing of any issues regarding threat of late delivery. This notification is without prejudice to the Goods possible consequences and liability in connection with this late delivery. If the delivery term is exceeded by 10 calendar days, in addition to compensation, the Supplier must pay an immediately payable penalty of 5% of the agreed price for the goods to be delivered, includingplus 1% of this agreed price for every week the late delivery continues. The statutory interest based on Section 6:119a of the Dutch Civil Code (DCC) automatically starts as of the time the penalty is forfeited; thus, Pop Vriend Seeds is not required to send the Supplier a notice of default in this regard. 5.3 Unless agreed otherwise in writing, the Supplier is not entitled to make partial deliveries. In the event that partial deliveries have been agreed upon, a delivery is also deemed to be a partial delivery for the application of these general terms and conditions of purchase. 5.4 Delivery of more or less than the quantity ordered is only agreed to if this has been explicitly agreed upon in writing. 5.5 Delivery also includes the delivery of all related auxiliary materials and all related documentation. 5.6 The delivery is completed the moment at which the goods have been accepted as delivered by or on behalf of Pop Vriend Seeds and Pop Vriend Seeds has signed for the delivery as evidence of its approval. The latter signing is without limitationprejudice to the fact that the delivered goods can be rejected by virtue of Article 7 of these general terms and conditions of purchase. In addition, as the Supplier cannot derive any right from the signing referred to quantityin the first sentence of this article paragraph; consequently, type the signing does not stand in the way (for example) of Pop Vriend Seeds exercising its rights (inter alia) on account of a culpable failure on the part of the Supplier. 5.7 The Supplier is not authorized to suspend its delivery obligation in the event that Pop Vriend Seeds fails to fulfill (any of) its obligations. 5.8 The Supplier hereby waives all rights and quality, within tenpowers it is entitled to by virtue of the right of retention or the right to claim back unpaid goods.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed 4.1. Delivery of goods should take place in the manner and at the place and time set out in the Agreement and according to the contrary INCOTERMS rule of Delivered Duty Paid as per Incoterms 2020 (ICC Publication N°723). 4.2. When shipping, the relevant rates, transport and packing regulations of the railway, road transport, sea carriage and air traffic etc. must be observed by the Seller, in particular with respect to any Orderregulations on customs and dangerous goods. Any dates quoted In addition, shipping options most favourable for Buyer shall be selected unless Xxxxx has explicitly given specific instructions on shipping. In case of a doubt, the Seller shall contact the Buyer to determine the details of shipping/performance. 4.3. The Seller is not allowed to deliver the goods sooner than stipulated in the Agreement except with the prior written consent of the Buyer. Should the Seller deliver any goods before the date stipulated in the Agreement, without the above mentioned consent, the early delivery are approximate only shall be at Seller’s own risks and the time payment of this delivery is will not of be effected before the essenceinitial date foreseen in the Agreement. 2.2 If Goods are ready for 4.4. The mere fact of exceeding the delivery and Purchaser fails to take delivery on the date required time by the ContractSeller results in the Seller being in default. Moreover, in case of total or after seven (7) days’ written notice from Supplier where no such date is specifiedpartial failure or delay in the delivery at the due date, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including Buyer reserves the right to recover cancel all or part of the purchase price order under the Agreement and to place automatically such cancelled part of the order under the agreement with another contractor at Seller’s expense and risks and without any summons being necessary therefore. 4.5. Without prejudice to the provision in fullthe previous paragraph, Supplier the Seller is obliged to inform the Buyer immediately of any delay or foreseeable delay in the execution of the Agreement. 4.6. Unless otherwise agreed in writing, the Seller is not entitled to make partial deliveries. If the execution of partial deliveries has been agreed, then delivery is, for the purposes of these General Purchase Conditions, also deemed to mean a partial delivery. 4.7. The delivery is complete at the moment when the goods have been received by or on behalf of the Buyer and the Buyer has signed for delivery. Any acceptance of delivered goods by the Buyer shall not constitute a waiver of any right by the Buyer. The latter signing does not affect the fact that the goods delivered can be rejected later. 4.8. The Seller is not entitled to suspend its delivery obligation if the Buyer fails to perform one or more of its obligations. 4.9. The Buyer is never bound by any period set by the Seller in which the Buyer should inform the Seller that the goods delivered have been rejected or after which the Buyer can no longer lodge a complaint. 4.10. The Seller, its agents and personnel are required to abide by the Buyer’s safety regulations, confidentiality obligations and rules of conduct while on the Buyer’s property, in addition to all rules and regulations imposed by law. 4.11. Where subcontractors are engaged, they shall identify the Seller (not Buyer) as customer in all shipping documents and correspondence between subcontractors and the Seller and shall indicate Seller's order information. 4.12. On the loading units (upwards of 1 metric ton), the unit weight must be affixed in a well visible and permanent manner. 4.13. Only packaging complying with the objectives and requirements of the Polish environmental law, in particular with the Act on packaging and waste packaging management in its current version shall be entitled to resell the Goodsapplied and accepted. 2.4 Any right 4.14. Where for deliveries by the Seller waste products within the meaning of Purchaser to reject environmental law are generated beyond the Goods and/or terminate packaging, the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier Seller must process or remove such waste, except where otherwise agreed in writing, at its own expense in accordance with Section 14the provisions of environmental law. Supplier shall not be liable for any delay To the furthest extent permitted by legal provisions in delivery force, all environmental law obligations connected to the performance of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability Agreement shall be limited to carried out by the price of Seller and the GoodsBuyer shall be exempted from any liability arising therefrom. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Delivery terms for Goods are supplied Ex Works (Incoterms stated in Incoterms® 2020) Supplier’s premises unless specifically agreed to the contrary in any are stated on each Order. Any All Orders must include Buyer’s or forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates quoted for delivery are approximate only approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and the time credit information. Tender of delivery is not deemed to occur at the earliest of the essence. 2.2 If (A) acceptance of shipment by designated shipper, (B) allocation of Goods are ready for to Buyer at location other than Seller’s location, (C) delivery and Purchaser fails to take delivery on the date required by the ContractBuyer’s representative or designee, or after (D) mailing of an invoice to Buyer. Xxxxx agrees to provide Seller with defined shipping instructions within seven (7) days’ business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because Xxxxx has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. Xxxxx agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice from Supplier where no to Buyer that Seller is ready and willing to deliver, and such date is specified, Supplier shall be entitled to: notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (a3) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) calendar days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods shall not be exercisable unless Purchaser has first served in transit. If Xxxxx makes a written notice on Supplier requiring Supplier request, Seller, in its sole discretion, may agree as a service to complete delivery of Buyer to process Xxxxx’s claim against the Goods freight vendor for any loss or damage in transit, so long as Seller receives the claim within not less than thirty five (305) calendar days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliverAll claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsdamage has been noted. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020a) Supplier’s premises unless specifically agreed Delivery of the goods shall be made by the tenderer to the contrary Hospital's store and in any Order. Any dates quoted for delivery are approximate only and accordance with the time of delivery is not of schedule prescribed by the essenceHospital in the Local Purchase Orders. 2.2 (b) If Goods are ready for delivery and Purchaser fails to take delivery on at any time during the date required by performance of the Contract, the tenderer should encounter conditions impeding timely delivery of the Goods, the tenderer shall promptly notify the Hospital in writing of the fact of the delay, its likely duration and its causes. On receipt of the tenderer's notice, the Hospital shall evaluate the situation and may at its discretion extend the tender's time for delivery with or after seven (7) days’ written notice from Supplier where no such date is specifiedwithout liquidated damages, Supplier in which case the extension shall be entitled to: ratified by the Hospital by amendment of the Local Purchase Order. However, in the event that such delay leads the Hospital to procure the same items from other sources the tenderer shall be liable to the Hospital for any excess cost incurred for such similar goods and refusal by the tenderer shall lead to termination. (c) Except as provided under the General Conditions of contract, a delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 2.17 unless an extension of time is agreed upon pursuant to paragraph 2 (b) above without application of liquidated damages. (d) Upon delivery of the Goods, the tenderer shall notify the Hospital and forward the following documents to the Hospital: (i) Copies of the supplier invoice showing Goods description, quantity, unit price, total amount and Local Purchase Order number (LPO). (ii) Delivery note giving details as (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeabove. 2.3 If Purchaser fails to take delivery within thirty (30iii) days Certificate of Origin (where applicable). The Hospital with the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery arrival of the Goods shall receive the above documents, and if not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of received, the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not will be liable rejected and the tenderer will be responsible for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsconsequent expenses. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order, or such other location as the parties may agree (Delivery Location), at any time after Voip Unlimited notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event, or the Customer's action or inaction including, without limitation, failure to provide Supplier Voip Unlimited with adequate delivery instructions instructions, or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Voip Unlimited fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar specification and quality, in the cheapest market available, less the price of the Goods. 2.5 Purchaser 4.6 Voip Unlimited shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods deliveredto the extent that such failure is caused by a Force Majeure Event, includingthe Customer's failure to provide Voip Unlimited with adequate delivery instructions for the Goods, without limitationor any relevant instruction related to the delivery of the Goods. 4.7 If the Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Customer that the Goods are ready, as then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to quantitycomply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Customer that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance). 4.8 If thirty Business Days after Voip Unlimited notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, type Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and qualityselling costs, within tenaccount to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

Delivery of Goods. 2.1 All 3.1. Unless otherwise agreed with Customer, Supplier shall affect delivery of Goods through a carrier nominated by Supplier at Customer’s expense. 3.2. Risk of Loss shall pass to Customer when the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed delivered to the contrary named place in Suppliers documentation. 3.3. Customer has an affirmative obligation to identify any Orderdamages prior to acceptance of the delivery by signing the Bill of Lading. Any dates quoted Failure to follow these procedures constitutes a waiver of any claim against the Supplier premised upon such alleged damage. 3.4. Upon arrival of shipment, Customer must inspect the packaging of the equipment. If ANY damage is discovered, a descriptive note is to be added to the transportation company’s Bill of Lading. Where practical, photographs should be taken prior to any movement from the conveyance, or as soon thereafter as possible. Customer must immediately contact Supplier for delivery are approximate only and instructions prior to acceptance of the time shipment. If the Supplier cannot be reached, Customer may sign the Bill of Lading that has been properly noted with the damage described. 3.5. Further, within 7 days of delivery is not (time being of the essence. 2.2 If ) Customer shall give notice in writing to Supplier of any alleged shortages in the Goods and/or of any damage to or defect in the Goods or of any other matter or thing by reason whereof Customer alleges that the Goods are ready for delivery and Purchaser fails to take delivery on the date required by not in accordance with the Contract. If Customer shall fail to give such notice or reject the Goods upon delivery, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier then the Goods shall be entitled to: (a) issue an invoice for such Goods; conclusively presumed to be in accordance with the Contract in all respects and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it Customer shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall not thereafter be entitled to resell reject the Goods or to claim from Supplier in respect of any shortage, damage or other defect in the Goods. 2.4 Any 3.6. Supplier reserves the right of Purchaser to reject the make deliveries by installments in all cases. Where Goods and/or terminate the Contract for late delivery of the Goods are delivered by installment, Customer shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier entitled to complete treat defective delivery in respect of one or more installments as a repudiation of the Goods within not less than thirty (30) days whole of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable the Contract nor to defer payment for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsprevious installment. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 5.2 As set out in the Order, either: (a) the Supplier shall deliver the Goods to the Customer to the location set out in the Order or such other location as the parties may agree and will take reasonable endeavours to deliver the next working day in Great Britain. The Supplier will take reasonable endeavours to deliver the Goods to Customer’s in the Scottish Highlands and islands including Northern Ireland and Eire within 3 Business Days dependant on location (Delivery Location); or (b) the Customer shall collect the Goods from the Supplier's premises (Delivery Location) within three Business Days of the Supplier notifying the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 5.3 Delivery of the contrary in any Order. Goods shall be completed on the completion of unloading or loading of the Goods at the Delivery Location. 5.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 5.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 5.6 If the Customer fails to take or accept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourth Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 5.7 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken or accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser 5.8 If the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, the Supplier shall promptly inspect all delivered Goods and shall notify make a pro rata adjustment to the invoice for the Goods. 5.9 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 4.1 The delivery of Goods are supplied Ex Works (Incoterms 2020) shall be completed as follows: 4.1.1 by the Customer collecting the Goods at the Supplier’s premises unless specifically agreed as specified in the Sales Order Acknowledgment within 10 Business Days of receiving notification that the Goods are ready for collection.; or 4.1.2 by the Goods being delivered to the contrary location set out in the Order Acknowledgement Form or such other location as the parties may agree in writing (Delivery Location) in which case delivery will be complete then the Goods are unloaded. 4.2 The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the contract number or relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) it states clearly on the delivery note any Orderrequirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.4 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 4.5 If the Customer fails to accept or take delivery of any issues regarding the Goods deliveredwithin 10 Business Days of the Supplier notifying the Customer that the Goods are ready, includingthen except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the 10 Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, without limitationand charge the Customer for all related costs and expenses (including insurance). 4.6 The Supplier may deliver the Goods by instalments, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantitycancel any other instalment. 4.7 Unless otherwise agreed in Writing between the Supplier and the Customer the Goods shall be collected ex-works from the Supplier’s premises in Andover, type UK (or any other address agreed in Writing by the Supplier and quality, within tenthe Customer) and the Supplier shall be under no obligation to give notice under section 32(3) of the Sale of the Goods Act 1979.

Delivery of Goods. 2.1 All 7.1 Unless expressly agreed otherwise, Goods are supplied Ex Works delivered “DDP” (“Delivery Duty Paid”) as referred to in Incoterms 20202020 or, at any rate, the most recent version of the Incoterms at the time the Agreement is concluded at the location indicated by Mileway (“Incoterms”). 7.2 The Supplier must comply strictly with any specific form of transport that may have been agreed. 7.3 The Supplier must deliver the Goods and/or provide the Services on the agreed date or dates of delivery or within the agreed term or terms of delivery, which apply as strict deadlines, as indicated in the Agreement, unless otherwise agreed in writing. If the Goods are not delivered and/or the Services are not provided within the agreed term or on the agreed date/dates at the agreed place, the Supplier will be in default without requiring notice of default. 7.4 The Supplier is obliged to inform Mileway in time and adequately of the exact time of delivery. Delivery at a moment earlier than the agreed delivery date, dates or terms or delivery in parts (what is known as partial deliveries) Supplier’s premises unless specifically agreed only takes place following prior, written approval from Mileway and does not result in a change to the contrary agreed payment term. In the event that the Supplier delivers early or in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contractpartial deliveries without Mileway’s consent, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to Mileway will have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover refuse these (partial) deliveries and return or store them for the purchase price in full, Supplier shall be entitled to resell account and risk of the GoodsSupplier. 2.4 Any right of Purchaser 7.5 Mileway is authorised to reject postpone the Goods and/or terminate the Contract for late delivery of the Goods shall not and/or the provision of the Services. In such cases, the Supplier will store, preserve, secure and ensure that the Goods are packaged soundly, separately and in a recognisable manner. If this is the case, the Supplier will be exercisable obliged to store the Goods, without additional costs, for Mileway, until the moment of the postponed delivery, unless Purchaser has first served written notice on Supplier requiring Supplier such would involve disproportionate expenditure for the Supplier, in which case the Parties will consult in order to complete realise an arrangement that is reasonable and acceptable to both Parties. Postponement of delivery results in extension of the agreed payment term. 7.6 Without prejudice to the provisions below in Article 10 with respect to the ownership of the Materials, ownership and the risk of the Goods within not less than thirty (30) days of service of that notice passes to Mileway after they have been delivered on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery the basis of the Goods caused by Purchaser's action or inaction includingapplicable Incoterms, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable irrespective of whether Mileway has fully paid to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited all amounts it owes to the price of Supplier pursuant to the GoodsAgreement. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises within three working days of the Seller notifying the Buyer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically ready for collection, or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to the contrary in any Order. that place. 6.2 Any dates quoted for delivery of the Goods are approximate only and the time of delivery is shall not be or be made of the essenceessence by notice. 2.2 If 6.3 Subject to the other provisions of these Conditions, the Seller shall not be liable for any direct, indirect or consequential loss, costs, damages or expenses caused directly or indirectly by any delay in delivery of the Goods, nor shall any delay entitle the Buyer to terminate or rescind the Contract. 6.4 The Goods are ready for delivery and Purchaser fails to take delivery on the date required may be delivered by the Contract, or after seven (7) days’ written Seller in advance of the quoted delivery date upon giving reasonable notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeto the Buyer. 2.3 If Purchaser fails to take delivery within thirty (30) days 6.5 If, other than by reason of the date of invoice it shall be deemed Seller’s failure to have waived comply with its rights obligations under the Contract, and the Buyer fails to collect or take delivery of the Goods in accordance with clause 6.1 or fails to give the Seller adequate delivery instructions then without prejudice to any other right that Supplier or remedy available to the Seller: (a) the Seller may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject store the Goods and/or terminate until delivery takes place and charge the Contract Buyer for late all reasonable related costs and expenses (including insurance); and (b) delivery of the Goods shall be deemed to have been completed: (i) in the case of Goods for collection at 9.00am on the third working day following notification; or (ii) when the Seller tendered or notified the Buyer that the Goods were ready for delivery. 6.6 If 10 days after the Seller has tendered delivery or notified the Buyer that the Goods are ready for delivery the Buyer has not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery taken delivery, the Seller may resell or otherwise dispose of part or all of the Goods within not less than thirty at the best price readily obtainable and (30after deducting all reasonable storage and selling expenses) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable charge the Buyer for any shortfall below the price under the Contract. 6.7 The Seller may deliver the Goods by instalments, which, unless otherwise agreed, shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment. 6.8 If the Seller fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by Purchaser's action a Force Majeure Event or inaction including, without limitation, the Buyer’s failure to provide Supplier the Seller with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 7.1 Unless expressly agreed otherwise, Goods are supplied Ex Works delivered “DDP” (“Delivery Duty Paid”) as referred to in Incoterms 20202020 or, at any rate, the most recent version of the Incoterms at the time the Agreement is concluded at the location indicated by Mileway (“Incoterms”). 7.2 The Supplier must comply strictly with any specific form of transport that may have been agreed. 7.3 The Supplier must deliver the Goods and/or provide the Services on the agreed date or dates of delivery or within the agreed term or terms of delivery, which apply as strict deadlines, as indicated in the Agreement, unless otherwise agreed in writing. If the Goods are not delivered and/or the Services are not provided within the agreed term or on the agreed date/dates at the agreed place, the Supplier will be in default without requiring notice of default. 7.4 The Supplier is obliged to inform Xxxxxxx in time and adequately of the exact time of delivery. Delivery at a moment earlier than the agreed delivery date, dates or terms or delivery in parts (what is known as partial deliveries) Supplier’s premises unless specifically agreed only takes place following prior, written approval from Mileway and does not result in a change to the contrary agreed payment term. In the event that the Supplier delivers early or in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contractpartial deliveries without Mileway’s consent, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to Mileway will have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover refuse these (partial) deliveries and return or store them for the purchase price in full, Supplier shall be entitled to resell account and risk of the GoodsSupplier. 2.4 Any right of Purchaser 7.5 Mileway is authorised to reject postpone the Goods and/or terminate the Contract for late delivery of the Goods shall not and/or the provision of the Services. In such cases, the Supplier will store, preserve, secure and ensure that the Goods are packaged soundly, separately and in a recognisable manner. If this is the case, the Supplier will be exercisable obliged to store the Goods, without additional costs, for Mileway, until the moment of the postponed delivery, unless Purchaser has first served written notice on Supplier requiring Supplier such would involve disproportionate expenditure for the Supplier, in which case the Parties will consult in order to complete realise an arrangement that is reasonable and acceptable to both Parties. Postponement of delivery results in extension of the agreed payment term. 7.6 Without prejudice to the provisions below in Article 10 with respect to the ownership of the Materials, ownership and the risk of the Goods within not less than thirty (30) days of service of that notice passes to Mileway after they have been delivered on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery the basis of the Goods caused by Purchaser's action or inaction includingapplicable Incoterms, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable irrespective of whether Mileway has fully paid to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited all amounts it owes to the price of Supplier pursuant to the GoodsAgreement. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Supplier shall deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by (if any) and location specified in the ContractPurchase Order [or, or after seven (7) days’ written notice from Supplier where if no such delivery date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) [14] days of the date of invoice it the Purchase Order]. If no delivery location is specified in the Purchase order, the Goods shall be deemed delivered to have waived its rights the Company’s registered office. Time is of the essence as to the delivery of the Goods under the ContractAgreement and if the Supplier does not comply with its obligations in the preceding sentence, the Company may, at its sole discretion and without affecting its other rights or remedies and without incurring any liability to the Supplier: (a) terminate or rescind the Agreement in whole or in part; (b) cancel any undelivered balance of the Goods; (c) return the Goods for full credit; and/or (d) purchase substitute goods or services elsewhere. 5.2 [Without prejudice to any other right that Supplier which the Company may have against Purchaserthe Supplier (including but not limited to those listed at clause 5.1), including the right to recover the purchase price in full, Supplier shall be entitled liable to resell the Company for any loss (including loss of profit), costs, damages or expenses caused directly or indirectly by any delay in the supply of the Goods to the Company.] 5.3 [Without prejudice to any other right which the Company may have against the Supplier (including but not limited to those listed at clause 5.1), if the Supplier fails to deliver the Goods to the Supplier in accordance with clause 5.1 (“Delayed Goods”) the Supplier shall pay to the Company on demand or the Company may deduct from its payments to the Supplier, a rate of [two (2) %] of the total value of the Delayed Goods per each consecutive [7 day weekly period] that elapses after the Delayed Goods become overdue. The parties confirm that this sum represents a genuine pre-estimate of the Company’s loss.] 5.4 All carriage charges are deemed to have been incorporated into the price quoted in the Purchase Order for the Goods. Any additional or unforeseen expenses incurred in delivery are the sole responsibility of the Supplier. 2.4 5.5 The Goods shall be properly packed (in non-returnable packaging), secured, despatched and delivered at the Supplier’s expense in good condition at the time or times and except in the case of International Supply Contracts where Incoterms are expressed to apply, at the place or places specified in the Agreement (or as otherwise specified in writing by the Company). The Goods shall be received at the place of delivery, subject to the Company’s inspection and approval. Any right failure on the part of Purchaser the Company to reject notify the Goods and/or terminate the Contract for late delivery Supplier of any defect in the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier deemed to complete delivery be an admission of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply satisfaction and/or acceptance of the Goods. If Supplier fails to deliver, or is late in delivering Any Goods which the Goods, Company rejects as not conforming with the Agreement shall be returned at the Supplier’s liability risk and expense. 5.6 The Supplier shall supply the Goods with a Delivery Note which shall be limited signed by an officer or employee of the Company. The Supplier shall provide a Delivery Receipt to the price registered office of the GoodsCompany within 3 days of delivery. 2.5 Purchaser 5.7 Goods supplied in connection with International Supply Contracts where Incoterms are expressed to apply shall promptly inspect all be delivered Goods in accordance with the Incoterms specified in the Purchase Order and the Agreement shall notify Supplier be deemed to incorporate the latest edition of Incoterms current at the date of the Agreement save that in writing the event of any issues regarding inconsistency between the Incoterms and any express term of the Agreement (including these Terms) the latter shall prevail. 5.8 If the Supplier or the Supplier’s carrier delivers any Goods deliveredat the wrong time or to the wrong place then the Company may deduct from the price any resulting costs of insurance, including, without limitation, as to quantity, type and quality, within tenstorage or transport.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed 2.1. The goods shall be delivered to the contrary Buyer’s place of business, unless another address is specified in any Orderthe Agreement. Any dates quoted The Seller is responsible for the goods transportation, unless otherwise agreed by the Contracting Parties. The Seller shall hand over the delivery are approximate only and note as well as other documents defined in the time of delivery is not Agreement to the Buyer, or the first carrier. The costs for transportation of the essencegoods shall be borne by the Seller, unless the Contracting Parties agree otherwise. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier 2.2. The Seller shall be entitled to resell deliver the Goodsgoods at any time within the delivery period. Meeting the dates of delivery is conditioned by the proper fulfilling of all the contractual duties on the Buyer’s part. The Seller is entitled to reasonably extend the delivery period on the condition that the Seller informs the Buyer 2 days before the planned date of delivery at the latest. 2.4 Any right of Purchaser to reject 2.3. The delivery period can also be adequately extended in cases when the Goods and/or terminate the Contract for late delivery of goods is delayed due to unforeseen events, in particular a lack of energy or raw material, strike, lock-out, official measures or delay/failure to carry out subdeliveries, or due to other events occurring independently of the Goods will of the Seller (force majeure). 2.4. Delay in goods delivery shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier considered as a substantial breach of this Purchase Agreement. The Seller shall only be held liable for the damage suffered as a result of delay caused intentionally or due to complete delivery gross infringement of the Goods within not less than thirty (30) days Seller’s duties. For such case, the Parties have agreed on a contractual penalty amounting to 0.05% per each day of service of that notice on Supplier in accordance with Section 14. Supplier default; nevertheless, the total amount shall not be liable for any delay in delivery exceed 50 % of the Goods caused by Purchaser's action or inaction includingdelayed delivery purchase price. 2.5. The Buyer shall be obligated to accept the goods delivered. Shall the Buyer fail to accept the goods on the date of delivery, without limitationthe Seller shall be entitled, failure at his/her discretion, to provide Supplier with adequate delivery instructions or any other information, applicable either haul the goods to the supply Buyer at the Buyer’s expense (unless the goods are delivered to the address of the GoodsBuyer) or store the goods at the Buyer’s expense and risk. If Supplier fails The Seller shall also be entitled to deliverwithdraw from the Agreement in whole or in part. The same conditions apply even if the Buyer accepts only part of the goods on the date of delivery. 2.6. In case the Buyer is delayed in accepting the goods, or is late in delivering the Goods, Supplier’s liability he/she shall be limited obligated to pay a contractual penalty to the price Seller amounting to 0.05 % of the Goodsunaccepted goods purchase price per each day of default. This shall however not affect the Seller’s right for the reimbursement of goods production and storage costs and compensation for damage in full amount. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 CLAAS shall ensure that each delivery of Goods is accompanied by a delivery note which shows the date of the Order and all relevant Customer and Supplier reference numbers, the type and quantity of the Goods, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 The Customer shall collect the Goods from CLAAS' premises at Saxham Business Park, Saxham, Xxxx Xx. Xxxxxxx, Xxxxxxx, XX00 0XX or such other location as may be agreed with the Customer before delivery (the "Delivery Location") within 14 days of CLAAS notifying the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplierready. 4.3 Delivery of the Goods shall be completed when the Supplier places the Order at the Customer’s premises unless specifically agreed to disposal at the contrary in any Order. Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier CLAAS shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide Supplier CLAAS with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 CLAAS will, at the request and expense of the Customer endeavour to arrange on behalf of the Customer for the carriage of Goods to any destination named by the Customer on the Order, provided that such carriage shall be at the sole risk of the Customer and the Customer pays to CLAAS, in advance the cost of such carriage and further provided that, in the case of export outside the UK, the provisions of clause 19 shall apply. 4.6 The property in Goods shall not pass and CLAAS shall retain the right of disposal until delivery of the Goods to the Customer or until payment of all charges due to the Company in connection therewith whichever is the later. 4.7 If Supplier CLAAS fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. CLAAS shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide CLAAS with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.8 If the Customer fails to take delivery of the Goods within 14 days of CLAAS notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by CLAAS' failure to comply with its obligations under the Contract in respect of the Goods: 4.8.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourteenth day following the day on which CLAAS notified the Customer that the Goods were ready; and 4.8.2 CLAAS shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including interest & insurance). 4.9 If two weeks after CLAAS notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, CLAAS may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding 4.10 CLAAS may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment. 4.11 Delays in the delivery of an Order shall not entitle the Customer to: 4.11.1 refuse to take delivery of the Order; or 4.11.2 claim damages; or 4.11.3 terminate this Agreement.

Delivery of Goods. 2.1 All 4.1 Unless otherwise agreed in writing, the Supplier shall deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary location set out in any Order. the Order or such other location as the parties may agree in writing (Delivery Location). 4.2 Delivery of the Goods shall be completed on the completion of unloading the Goods at the Delivery Location or otherwise upon the installation of the Goods by the Supplier at the Delivery Location but installation shall only be required where set out in the Order or otherwise agreed in writing. 4.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.4 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 4.5 If the Customer fails to accept delivery of any issues regarding the Goods deliveredwithin three Business Days of the Supplier notifying the Customer that the Goods are ready, includingthen except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: 4.6 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and 4.7 the Supplier shall store the Goods until delivery takes place, without limitationand charge the Customer for all related costs and expenses (including insurance). 4.8 If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, as the Supplier may resell or otherwise dispose of part or all of the Goods. 4.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 8.1 The period for delivery shall be the period within which the Goods are supplied Ex Works (Incoterms 2020) Supplierintended to be despatched from Hilti’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of calculated from the date of invoice it the receipt by Hilti of the Buyer’s order or the date of receipt of all necessary information to enable Hilti to manufacture or procure the manufacture of the Goods, whichever shall be deemed to have waived its rights under the Contractlater, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier Buyer shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete take delivery of the Goods within such a period. If no period is stipulated by Xxxxx, then delivery will be such time after receipt of instructions as Xxxxx thinks reasonable. 8.2 The following standard freight charges shall apply: NCR REGIONAL Less than or equal to PHP 150,000 3% of Net Invoice Value 5% of Net Invoice Value Greater than PHP 150,000 Fixed charge of PHP 3,000 Fixed charge of PHP 5,000 Any modification or changes to the above shall be mutually agreed in writing by Xxxxx and the Buyer. 8.3 Unless agreed otherwise in writing, all times or dates given for delivery of the Goods are given in good faith and time for delivery shall not less than thirty (30) days be of service of that notice on Supplier in accordance with Section 14the essence. Supplier Hilti shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser 8.4 Without prejudice to the warranties in section 12 below, no liability for non-delivery, loss of or damage to the Goods occurring post-delivery or for any claim that the Goods are not in accordance with the Contract will attach to Hilti, unless claims to that effect are notified in writing by the Buyer to Hilti (and in the case of claims for non-delivery, loss or damage with a copy to the carrier if Hilti’s own vehicles have not been used to deliver the Goods): 8.4.1 immediately in case the loss of or damage to the Goods occurred in transit or upon delivery provided that the relevant loss or damage is expressly mentioned on the consignment note; 8.4.2 within 28 days of delivery of the Goods in the case of defective Goods; or 8.4.3 within 7 days of delivery of the Goods for any other noncompliance with the Contract. 8.5 If the Buyer fails to give notice in accordance with section 8.4 above, the Goods shall promptly inspect be deemed to be in all delivered respects in accordance with the Contract and the Buyer shall be deemed to have accepted the Goods and shall notify Supplier in writing be bound to pay for the same accordingly. 8.6 All requests for proof of delivery must be made within a period of 21 days following the date of the invoice. For the avoidance of doubt, an electronic proof of delivery issued by Hilti shall be deemed acceptable to the Buyer. 8.7 If for any issues regarding reason the Buyer is unable to accept delivery of the Goods deliveredat the time when the Goods have been notified as ready for delivery, includingHilti may at its sole discretion store the Goods at the risk and cost of the Buyer and take all reasonable steps to safeguard and insure them at the cost of the Buyer, without limitation, provided that the Buyer shall be immediately informed thereof. 8.8 Hilti shall have the right to make delivery by instalments of such quantities of the Goods and at such intervals as it may decide. Any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and the Buyer shall be bound to quantity, type and quality, within tenaccept further deliveries thereof.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier4.1 At the Seller’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late sole discretion delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier take place when: (a) the Buyer takes possession of the Goods at the Seller’s address; or (b) the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier). 4.2 The costs of delivery are in addition to complete the Price and payable by the Buyer. 4.3 The Buyer shall make all arrangements necessary to take delivery of the Goods within whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a fee for redelivery. 4.4 The Buyer shall provide for the purposes of installation and provision of the Services at no cost to the Seller, all necessary facilities including power, lighting, unloading, hoisting and lifting facilities, site preparation and employee amenities which comply with any statutory requirements. The Buyer shall be solely responsible for arranging and providing convenient access for the Goods and provision of Services, including but not less than thirty (30) days limited to access by way of service stairs, lift or crane as the case may require. If the Buyer fails to supply convenient access for any reason then the Seller may make a further charge to the Buyer to cover any additional costs incurred by the Seller arising from such failure. 4.5 Delivery of that notice on Supplier the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this Agreement. 4.6 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with Section 14. Supplier the provisions of this Agreement. 4.7 The failure of the Seller to deliver shall not entitle either party to treat this Agreement as repudiated. 4.8 Time will not be liable of the essence in respect of the delivery of Goods. The Seller will not be responsible for any delay in the delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing the Buyer will not be entitled to cancel orders because of any issues regarding the such delay. Dates for delivery of Goods delivered, including, without limitation, are given in good faith and are not to be treated as to quantity, type and quality, within tena condition of sale or purchase.

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) each delivery of the Goods are supplied Ex Works is accompanied by the contract number, the type and quantity of the Goods (Incoterms 2020including the code number of the Goods, where applicable), special storage instructions (if any) Supplier’s premises unless specifically agreed and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) it states clearly on the delivery note any requirement for the Customer to return any packaging material to the contrary Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 The Supplier shall deliver the Goods to the location stipulated in any Order. the Quotation (Delivery Location). 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 4.6 If the Customer fails to accept delivery of any issues regarding the Goods deliveredwithin three Business Days of the Supplier notifying the Customer that the Goods are ready, includingthen except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance). 4.7 If seventeen Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them and invoice has not been paid, without limitationthe Supplier may resell or otherwise dispose of part or all of the Goods. 4.8 The Supplier may deliver the Goods by instalments, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All Goods are supplied Ex Works 5.1 The Delivery of goods takes place at the place agreed between the parties, in accordance with the Incoterm Delivery Duty Paid (Incoterms 2020DDP) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and force at the time of delivery is not the conclusion of the essenceAgreement. This means that the Supplier shall take care of the transport of the goods to the destination indicated by TUI at his own risk and expense and shall also pay the import charges and levies and take care of the corresponding formalities. 2.2 If Goods 5.2 The Supplier shall keep sufficient stock of goods to be able to deliver from stock. The Supplier guarantees the availability of spare parts and service parts that are ready necessary for the repair and maintenance of the goods ordered or delivered within the framework of the Agreement at reasonable prices and customary discounts for at least 10 (ten) years after the last delivery or last production date of the goods, whichever date is later. If, after TUI has submitted a request to that effect, the Supplier is no longer able to deliver the above-mentioned parts within one week at market prices and Purchaser fails discounts, the Supplier shall on TUI’s first demand provide all drawings, tools and the like without delay, so that TUI can manufacture or have these parts manufactured at the expense of the Supplier. 5.3 The Supplier shall provide the goods with a packing list stating TUI’s purchase order number, the item numbers, quantities and descriptions. The Supplier shall further mark the package as indicated by TUI. 5.4 The Delivery of goods shall also comprise the delivery of any appurtenances, certificates, (air) way bills, consignment notes, packing lists, inspection data, drawings, instruction books, manuals, user guides, spare parts list, maintenance instructions, documentation, quality and guarantee certificates and any other documents as prescribed by legislation and/or by TUI. The documents mentioned in the previous sentence shall be drawn up in the Dutch or English language, or be accompanied by a translation in one of these languages. TUI is entitled not to take receipt of the goods to be delivered, if the regulations and provisions of this paragraph have not been complied with. In that case, the goods will be considered not to have been delivered. 5.5 Delivery quantities of goods form the essence of the Agreement. TUI is authorised, without notice of default or court intervention, to terminate the Agreement or part thereof and/or to not accept goods, if the Supplier is in default with respect to the delivery on quantities, unless TUI has agreed to changed quantities in writing. 5.6 Goods that have been sent to TUI in advance of the scheduled delivery date required do not have to be accepted by TUI and/or may be returned to the Supplier at the Supplier’s expense. 5.7 If, as a result of alterations to the underlying specifications or for other reasons, goods delivered by the ContractSupplier become surplus to requirements within three months of delivery, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier these goods shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placetaken back by the Supplier at the invoiced price. TUI will ensure in that case the proper packaging of these goods. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any OrderPROVISION OF SERVICES 4.1 SUBJECT TO CONDITION 18, TIME IS OF THE ESSENCE UNDER THE ORDER. Any dates quoted for delivery are approximate only The time and the time place of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods are as specified in the Order.‌ If Goods are not delivered in accordance with these Terms and Conditions, SPTS reserves the right, without liability, in addition to its other rights and remedies, to cancel the entire Order or that part of the Order not delivered in accordance with its terms. The Supplier shall be responsible for additional expenses (whether incurred by the Supplier or by SPTS) to handle and deliver the Goods in an expedited manner or in a manner requested by SPTS, in the event that delivery does not take place (or is anticipated not to take place) in accordance with these Terms and Conditions. Early execution of the Order or any part thereof as well as partial deliveries shall not be exercisable permitted unless Purchaser has first served written notice on Supplier requiring Supplier approved in advance by SPTS in writing. 4.2 The terms of delivery shall be interpreted in accordance with INCOTERMS 2010. The delivery condition "DDP" (Delivered Duty Paid – Incoterms 2010) shall apply to complete the delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier unless otherwise agreed in accordance with Section 14writing by SPTS. Supplier The Supplier’s obligation to deliver shall not be liable discharged until the Goods and all supporting documentation (as required per the Order), including any certificates, maintenance instructions and manuals have been delivered. Unless expressly accepted in the Order by SPTS, the delivery of Goods and/or provision of Services shall be non- recurrent. If the parties agree that Goods and/or Services are to be delivered/provided in instalments, then the Order shall be deemed not to be severable. Without prejudice to the foregoing, where the parties have agreed in writing that the Supplier shall deliver in instalments (or SPTS agrees to accept instalments for any delay in the delivery of the Goods Goods), a breach concerning any instalment (however caused by Purchaser's action or inaction includingof whatsoever nature) shall entitle SPTS to terminate the Contract and to claim damages, without limitationprejudice to SPTS's other remedies. The Supplier shall immediately notify SPTS of any delay or potential delay in the execution of the Order, failure and shall state the events causing such delay. Upon SPTS’s request, SPTS shall be given reasonable assistance and access to provide all relevant records of the Supplier with adequate delivery instructions or any other information, applicable relating to the supply progress made or to be made in the execution of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the GoodsOrder. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 3.1 The quantity, description, price and component parts (as applicable) of the Goods are supplied Ex Works and the cost of the Delivery thereof (Incoterms 2020in the case where there is to be a charge for Delivery) Supplier’s premises unless specifically agreed to shall be as set out in the contrary in any Sales Order. . 3.2 Delivery shall take place during Core Hours at the Delivery Point. 3.3 Any dates quoted specified by the Supplier for delivery Delivery are approximate an estimate only and any attempt to make the time of delivery is not Delivery the essence of the essenceContract by notice to that effect shall be invalid. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, 3.4 The Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until ensure that each delivery takes place. 2.3 If Purchaser fails to take of the Goods is accompanied by a delivery within thirty (30) days of note which shows the date of invoice it the Sales Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any). 3.5 The Supplier shall not be liable to the Customer for any loss suffered by the Customer (whether direct, indirect or consequential) arising from a delay in Delivery. 3.6 Where the Goods are to be Delivered or the Services are to be supplied in instalments then any delay in Delivery of or the performance of any one instalment shall not entitle the Customer to cancel or to repudiate the Contract as a whole. 3.7 If the Customer does not accept Delivery of Goods then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s failure to comply with its obligations under this agreement in respect of the Goods, then: 3.7.1 Delivery of the Goods shall be deemed to have waived its been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready for Delivery; and 3.7.2 the Supplier shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 3.8 If ten Business Days after the Supplier has notified the Customer that the Goods were ready for Delivery the Customer has not taken Delivery of them, then without prejudice the Supplier’s rights under this Agreement, the Contract, and without prejudice to any other right that Supplier may resell or otherwise dispose of part or all of the Goods. 3.9 The Customer shall inspect the Goods as soon as they are Delivered. The Customer shall indicate any damage to the Goods or packaging on the carrier’s delivery note at the time of Delivery and the contents and packaging of the Goods must be retained for inspection as proof of damage, failing which the Supplier shall have against Purchaser, including no liability to the right Customer for such damage. 3.10 The Supplier shall not be responsible for any Goods shortages or defects discovered after Delivery unless the Customer informs the Supplier in writing within 3 Business Days following Delivery. 3.11 Any return of Goods must be preceded by a written request. evidence is produced that the Customer’s written request to recover return the purchase price in full, Goods has been accepted by the Supplier. 3.12 the Supplier shall be entitled to resell charge the Customer a handling charge (as confirmed in the Sales Order) in respect of returned Goods. 2.4 Any right of Purchaser 3.13 The Supplier may charge the Customer for any damage to reject the Goods and/or terminate Goods, which is suffered in the Contract for late delivery process of the Goods being returned. 3.14 the Supplier shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier under no obligation to complete delivery accept a return of the Goods within not less than thirty (30) days of service of that notice on Supplier which have been altered in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsway. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Company shall ensure that: 4.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the contract number and all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 4.1.2 states any requirement for the Customer to return any packaging material to the Company. The Customer shall make any such packaging materials available for collection at such times as the Company shall reasonably request. Returns of packaging materials shall be at the Company’s expense. 4.2 The Company shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Company notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. The quantity of any consignment of goods as recorded by the Company shall be conclusive unless specifically agreed the Customer gives notice to the contrary in any Order. Company within 2 days of the delivery date with evidence to the contrary. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier The Company shall not be liable for any delay in delivery of the Goods that is caused by Purchaser's action a Force Majeure Event or inaction including, without limitation, the Customer’s failure to provide Supplier the Company with adequate delivery instructions or any other information, applicable instructions. 4.5 Subject to clause 4.4 if the supply of the Goods. If Supplier Company fails to deliver, or is late in delivering deliver the Goods, SupplierGoods the Company’s liability shall be limited to replacing the price Goods within a reasonable time or issuing a credit note to the value of the Goods at the Contract rate against any invoice raised for such Goods. 4.6 If the Customer fails to take delivery of the Goods within 5 Business Days of the Company notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Company’s failure to comply with its obligations under the Contract in respect of the Goods.: 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 4.6.1 delivery of any issues regarding the Goods deliveredshall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Company notified the Customer that the Goods were ready; and 4.6.2 the Company shall store the Goods until delivery takes place (this may be off site at a third party), including, without limitation, as and charge the Customer for storage and all related costs and expenses (including insurance and transportation to quantity, type and quality, within tenthird party storage facility). Any Goods that can be accommodated on site at the premises of the Company will be charged at

Delivery of Goods. 2.1 All 4.1 Any dates specified by the Seller for delivery of the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed intended to the contrary in any Order. Any dates quoted be an estimate and time for delivery are approximate only and the time of collection or delivery is not and shall not be made of the essenceessence of the Contract by notice or otherwise. If no date is estimated in the Seller’s Acknowledgement, delivery of Goods shall be within a reasonable time. 2.2 4.2 Unless otherwise agreed in writing, the Seller shall deliver the Goods to the Buyer’s nominated location at the cost of the Buyer. 4.3 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery and Purchaser fails delivery, or the Seller is unable to take delivery deliver the Goods on time because the date required Buyer has not provided appropriate instructions: • risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such GoodsSeller’s negligence); and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of • the date of invoice it Goods shall be deemed to have waived its rights under been delivered; and • the ContractSeller may store the Goods until actual delivery, whereupon the Buyer shall be liable for all related costs and without prejudice to any other right that Supplier may have against Purchaser, expenses (including storage and insurance). 4.4 The Seller reserves the right to recover the purchase price make deliveries of Goods by instalments and to render a separate invoice in full, Supplier shall be entitled to resell the Goods. 2.4 Any right respect of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier each such instalment in accordance with Section 14the provisions of the Contract. Supplier Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment. 4.5 The Seller will use its reasonable endeavours to deliver any Goods within the estimated timescale but failure to meet estimated timescales will not constitute a breach of the Contract. 4.6 Subject to Condition 9.2, the Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar costs), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, SupplierGoods (even if such delay is caused by the Seller’s liability shall be limited to the price of the Goodsnegligence). 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed shall be delivered to the contrary in any Order. Seller’s Premises unless the Seller agrees otherwise. 5.2 Any estimated delivery dates quoted for delivery of the Goods to the Seller’s Premises are approximate only and should not be relied on by the time Buyer. Time for delivery shall not be of the essence of the Contract and the Seller shall not be liable for any failure of prompt delivery of the Goods (however so caused). 5.3 Goods shall only be delivered to a premises that is not the Seller’s Premises if expressly agreed by the Seller. . If the Seller has provided written agreement, the Buyer shall provide safe and proper access and make all arrangements (including the provision of labour, equipment, storage and other facilities) necessary to take safe unloading and delivery of the essenceGoods whenever they are tendered for delivery. 2.2 5.4 Where delivery of the Goods is to be made by the Seller in bulk, the Seller reserves the right to deliver up to 10 per cent more or 10 per cent less than the quantity ordered. 5.5 The Seller may deliver the Goods by separate instalments which will be reflected in the monthly invoice. Failure by the Seller to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more of the instalments shall not entitle the Buyer to treat the Contract as a whole to be repudiated. 5.6 If Goods are ready for delivery and Purchaser the Buyer fails to take delivery on of the date required by the Contract, Goods or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take give the Seller adequate delivery within thirty instructions (30) days otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the date of invoice it shall be deemed to have waived its rights under the ContractSeller's fault) then, and without prejudice to any other right that Supplier may have against Purchaseror remedy available to the Seller, including the right Seller may: a) Store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage and insurance; b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage, insurance and selling expenses) account to recover the purchase price Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price; or c) Charge the Buyer in fullrespect of any losses arising from any delay caused by the acts or omissions of the Buyer. 5.7 The Buyer must inspect all Goods upon delivery and advise the Seller of any defects within 2 days of the delivery date or all complaints as to defects are waived. 5.8 Upon reasonable rejection of the Goods, Supplier shall the Buyer timely notifying the Seller, the Buyer will be entitled to resell a refund of funds paid. In the event that any sums are due by the Buyer to the Seller in respect of other invoices issued by the Sellers to the Buyers, the Sellers will be entitled to apply the refund credit against other outstanding charges. 5.9 Risk of loss or damage to the Goods passes to the Buyer immediately upon delivery or upon transfer of the beneficial title to the Goods. 2.4 Any right of Purchaser to reject 5.10 Where the Buyer requests that the Goods and/or terminate be placed directly in the Contract for late delivery safe custody of another party on behalf of the Goods Buyer, delivery shall not be exercisable unless Purchaser has first served written notice deemed to take place on Supplier requiring Supplier to complete delivery of the date the Goods within not less than thirty (30) days of service of are transferred into that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodssafe custody. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 14.1 The Supplier shall use its reasonable endeavours to deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in agreed delivery location on the agreed delivery date, but any Ordersuch date is approximate only. Any If no dates quoted for are so specified, delivery are approximate only and the shall be within a reasonable time of delivery acceptance of the Statement of Work. Time is not of the essenceessence as to the delivery of the Goods and the Supplier is not in any circumstances liable for any delay in delivery, however caused. 2.2 14.2 The Goods may be delivered by the Supplier in advance of the quoted delivery date on giving reasonable notice to the Customer. 14.3 Delivery shall be made during Normal Business Hours (excluding bank or public holidays). The Supplier may levy additional charges for any deliveries made outside such hours at the Customer's request. 14.4 The Customer shall be responsible (at the Customer's cost) for preparing the delivery location for the delivery of the Goods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods. If Goods are ready for the Supplier is prevented from carrying out delivery and Purchaser fails to take delivery or installation on the specified date required by the Contract, or after seven (7) days’ written notice from Supplier where because no such date is specifiedpreparation has been carried out, the Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all may levy additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placecharges to recover its loss arising from this event. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it 14.5 The Customer shall be deemed to have waived accepted the Goods when the Customer has had five (5) days to inspect it after delivery and has not exercised in writing its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier rejection in accordance with Section 14. Clause 17. 14.6 If the Supplier fails to deliver Goods by the relevant delivery date after being given a reasonable opportunity to remedy such delay, except to the extent that such delay is due to a third party for which the Supplier shall not have no liability, its liability shall be liable limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver Goods to the extent that such failure is caused by: (a) a delay in delivery of from the Goods caused by Purchasermanufacturer, Third Party Supplier or other third party; (b) a Force Majeure Event; or (c) the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 14.7 If Supplier the Customer fails to deliveraccept delivery of the Goods within three (3) Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is late in delivering caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Agreement: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance). 14.8 If ten (10) Business Days after the day on which the Supplier attempted to make delivery of Goods the Customer has not taken delivery of those Goods, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods, Supplier’s liability shall be limited to or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser 14.9 The Supplier may deliver Goods by instalments, which shall promptly inspect all delivered Goods be invoiced and shall notify Supplier in writing paid for separately. The Customer may not cancel an instalment because of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within tendelay in delivery or defect in another instalment.

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that each delivery of Goods is accompanied by a delivery note which shows the date of the Order including, where relevant, all Customer and Supplier reference numbers, the type and quantity of the Goods delivered, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 The Supplier shall deliver the Goods or Services to the location set out in the Order Confirmation or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods or Services (as the case may be) are supplied Ex Works ready for delivery to the Customer. For the avoidance of doubt the Delivery Location is that specified in the Contract and the time of delivery shall be: (Incoterms 2020a) In the case of Goods delivered at the Supplier’s premises unless specifically agreed premises, on completion of loading onto the Customer’s nominated vehicle; or (b) In the case of Goods to be delivered elsewhere to which the contrary in any OrderSupplier shall have arranged transport, completion of unloading at such premises, or 4.3 In the case of Services at the time of execution. Any dates quoted in the Order Confirmation for delivery of Goods or Services are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of supply. 4.4 If the Goods. If Supplier fails to deliverdeliver Goods or Services on or before any agreed delivery date in respect of which time shall have been agreed to be of the essence, or is late in delivering the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goodsrelevant Goods or Services (as the case may be). 2.5 Purchaser 4.5 If the Customer fails to accept delivery of Goods within three Business Days after the Supplier shall promptly inspect all delivered Goods and shall notify Supplier have notified the Customer that it is ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in writing respect of any issues regarding them: (a) delivery of the Goods deliveredshall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, includingand charge the Customer for all related costs and expenses (including insurance). 4.6 If ten Business Days after the Supplier notified the Customer that the Goods or an instalment of them is ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of some or all of the Goods (or relevant instalment) and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price otherwise payable by the Customer in respect of such Goods or charge the Customer for any shortfall below such price (as the case may be). 4.7 The Supplier may deliver Goods by instalments, which shall each constitute a separate Contract and be invoiced and paid for separately. In any such event: (a) any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment, and (b) if the Customer unlawfully declines to accept delivery of more than one instalment the subject of the same Order Confirmation the Customer shall be deemed in all respects to have repudiated the Contract and, without limitationprejudice to any other rights and remedies available to it, as shall be entitled to quantitythe rights and remedies set out in clause 4.6, type 6.3, and quality, within ten7.2.

Delivery of Goods. 2.1 All 7.1 The Seller shall ensure that each delivery of the Goods are supplied Ex Works is accompanied by a delivery note which shows the date of the order, all relevant Buyer and the Seller reference numbers, the type and quantity of the Goods (Incoterms 2020including the code number of the Goods, where applicable) Supplier’s premises unless specifically agreed and special storage instructions (if any). 7.2 The Seller shall deliver the Goods to the contrary in any Order. Delivery Address. 7.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Address. 7.4 Any dates quoted for delivery including the Target Delivery Date specified in the Specification Schedule are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier The Seller shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Buyer's action or inaction including, without limitation, failure to provide Supplier the Seller with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 7.5 If Supplier the Seller fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the price costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available. 7.6 If the Buyer fails to accept delivery of the GoodsGoods within five Business Days of the Seller notifying the Buyer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Seller's failure to comply with its obligations under the Contract and without affecting any other rights of the Seller: 1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day after the day on which the Seller notified the Buyer that the Goods were ready; and reserves the right either to: 2. invoice for the goods dated on the fifth day and payment shall be made 30 days from the date of the invoice unless otherwise agreed and stated on the Specification Schedules or 3. store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance). 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding 7.7 The Seller may deliver the Goods deliveredby instalments, includingwhich shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment. The Seller shall be entitled to suspend delivery of subsequent instalments where payment for any instalment of Goods already delivered is overdue. If the Seller suspends delivery under this clause the Target Delivery Dates for any Goods not yet delivered shall be extended by an amount not less than the suspension period and to the next Business Day. 7.8 Any delivery or consignment notes shall be safely retained and handed over to the Seller at the earliest reasonably possible time. Any apparent damage to any Goods so delivered must be noted on the delivery note, without limitation, and the Seller must be informed within 48 hours of the delivery time. 7.9 If the Buyer fails to take delivery of the Goods or to notify the Seller of damaged items in accordance with clause 8 the Seller reserves the right to charge the Buyer for any additional costs which it may incur as to quantity, type and quality, within tena result.

Delivery of Goods. 2.1 All 6.1 The Customer warrants to FOODBOSS COLDSTORAGE that in respect of all Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed delivered to the contrary in any Order. Any dates quoted FOODBOSS COLDSTORAGE for delivery are approximate only and the time of delivery is not of the essence.Cold Storage: 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of it is the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery owner of the Goods shall and / or entitled to possession of the Goods; b) the Goods are not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery dangerous; and c) the description of the Goods within not less than thirty (30) days given to FOODBOSS COLDSTORAGE is accurate in all respects. 6.2 FOODBOSS COLDSTORAGE’S tally of service of that notice on Supplier in accordance with Section 14. Supplier Goods received shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable final and conclusive evidence as to the supply quantity and description of Goods received. 6.3 The Customer must notify FOODBOSS COLDSTORAGE in writing from time to time of any change in its address or in the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price ownership of the Goods. 2.5 Purchaser 6.4 FOODBOSS COLDSTORAGE at its discretion may require the Customer’s written instructions relating to the surrender, delivery or disposal of the Goods but shall promptly inspect also be entitled to rely upon oral instructions given by the Customer, its servants or agents. In respect of all delivered Goods received and / or stored or dealt with at the oral or written instructions of the Customer, the Customer hereby indemnifies and will keep indemnified FOODBOSS COLDSTORAGE against any and all Claims whatsoever in respect of the receipt and / or Cold Storage of the Goods. 6.5 The Customer hereby indemnifies and will keep indemnified FOODBOSS COLDSTORAGE against any Claim made by any third party claiming an interest of whatsoever nature in the Goods including but not limited to where the Customer countermands any request by a third party for the Goods to be dealt with in a particular way or in accordance with that party’s instructions. 6.6 All estimates of delivery or Cold Storage dates and times are estimates only and FOODBOSS COLDSTORAGE shall not be held liable for any claims for non-compliance with such estimated dates and times given. 6.7 For all deliveries of goods, the Customer must immediately notify Supplier FOODBOSS COLDSTORAGE in writing of any issues regarding discrepancy relating to the Goods. 6.8 FOODBOSS COLDSTORAGE cannot reasonably have knowledge of the condition of the of the Xxxxxx’x Goods deliveredat the time of delivery, includingespecially wrapped, without limitationboxed or packaged goods (but not limited to), as to quantityFOODBOSS COLDSTORAGE cannot accept any liability, type and quality, within tenresponsibility or claims in respect of any alleged deterioration of the goods whilst in the coldstore.

Delivery of Goods. 2.1 All 13.1 The Supplier shall use its reasonable endeavours to deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in agreed delivery location on the agreed delivery date, but any Ordersuch date is approximate only. Any If no dates quoted for are so specified, delivery are approximate only and the shall be within a reasonable time of delivery acceptance of the Statement of Work. Time is not of the essenceessence as to the delivery of the Goods and the Supplier is not in any circumstances liable for any delay in delivery, however caused. 2.2 13.2 The Goods may be delivered by the Supplier in advance of the quoted delivery date on giving reasonable notice to the Customer. 13.3 Delivery shall be made during Normal Business Hours (excluding bank or public holidays). The Supplier may levy additional charges for any deliveries made outside such hours at the Customer's request. 13.4 The Customer shall be responsible (at the Customer's cost) for preparing the delivery location for the delivery of the Goods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods. If Goods are ready for the Supplier is prevented from carrying out delivery and Purchaser fails to take delivery or installation on the specified date required by the Contract, or after seven (7) days’ written notice from Supplier where because no such date is specifiedpreparation has been carried out, the Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all may levy additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placecharges to recover its loss arising from this event. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it 13.5 The Customer shall be deemed to have waived accepted the Goods when the Customer has had five (5) days to inspect it after delivery and has not exercised in writing its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier rejection in accordance with Section 14. Clause 16. 13.6 If the Supplier fails to deliver Goods by the relevant delivery date after being given a reasonable opportunity to remedy such delay, except to the extent that such delay is due to a third party for which the Supplier shall not have no liability, its liability shall be liable limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver Goods to the extent that such failure is caused by: (a) a delay in delivery of from the Goods caused by Purchasermanufacturer, Third Party Supplier or other third party; (b) a Force Majeure Event; or (c) the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 13.7 If Supplier the Customer fails to deliveraccept delivery of the Goods within three (3) Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is late in delivering caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Agreement: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance). 13.8 If ten (10) Business Days after the day on which the Supplier attempted to make delivery of Goods the Customer has not taken delivery of those Goods, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods, Supplier’s liability shall be limited to or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser 13.9 The Supplier may deliver Goods by instalments, which shall promptly inspect all delivered Goods be invoiced and shall notify Supplier in writing paid for separately. The Customer may not cancel an instalment because of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within tendelay in delivery or defect in another instalment.

Delivery of Goods. 2.1 All 11.1 Delivery of the Goods shall be made by the Customer collecting the Goods at ESPRIA's premises at any time after ESPRIA has notified the Customer by telephone that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically ready for collection. If ESPRIA has agreed to send the contrary in Goods to the Customer, then, unless otherwise agreed, delivery shall be made by ESPRIA’s (or its carrier) delivering the Goods to the Customer at the address agreed at the time of order between the hours of 8:30 am and 5:30 pm on a Working Day. Unless ESPRIA is required to install the Goods as agreed, ESPRIA shall only be required to offload the Goods at the delivery location. 11.2 The contractual address for delivery may not be varied without ESPRIA’s agreement and any Ordervariation may entail additional carriage charges to the Customer. 11.3 Delivery will normally take place on the Working Day following the date of receipt of the Goods from ESPRIA’s supplier. Any However, any dates quoted or specified for delivery are approximate only and the time of ESPRIA shall not be liable for any reasonable delay in delivery is howsoever caused. Time for delivery shall not be of the essence. 2.2 11.4 ESPRIA may make, and the Customer shall accept, partial deliveries of Goods. Each such delivery shall constitute a separate Contract. Failure by ESPRIA to deliver any one or more of the instalments in accordance with these Terms, or any claim by the Customer in respect of any one or more instalments, shall not entitle the Customer to treat the Contract as a whole as repudiated. 11.5 If ESPRIA fails to deliver the Goods are ready for delivery and Purchaser any reason other than a cause beyond ESPRIA's reasonable control or the Customer's default and, accordingly, ESPRIA is liable to the Customer, ESPRIA's liability shall be limited to: 11.5.1 resupplying the Goods at a date agreed between the parties; or 11.5.2 the excess (if any) of the cost to the Customer (in the cheapest available market) of the same or (where the same is unavailable) equivalent goods to replace those not delivered over the price of the Goods set out in the ESPRIA original quote. 11.6 ESPRIA shall not be liable in any way for the consequences of any delay in delivery. 11.7 If the Customer fails to take delivery on of the date required by the ContractGoods, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take give ESPRIA adequate delivery within thirty instructions (30) days otherwise than by reason of a cause beyond the date Customer's reasonable control or by reason of invoice it shall be deemed to have waived its rights under the ContractESPRIA's fault), and then, without prejudice to any other right that Supplier may have against Purchaseror remedy available to ESPRIA at law or under these Terms, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods.ESPRIA may: 2.4 Any right of Purchaser to reject 11.7.1 store the Goods and/or terminate until actual delivery and charge the Contract Customer for late delivery the reasonable costs (including insurance) of storage, and/or 11.7.2 make further attempts to arrange delivery, in which case the Goods Customer shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for all additional delivery costs, and/or 11.7.3 sell the Goods at the best price reasonably obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for the shortfall below the price under the Contract. 11.8 When delivery is to take place at the Customer's premises the Customer shall be responsible for ensuring (a) that any delay necessary lifting equipment, power and labour is available to enable the Goods to be off-loaded quickly and safely, (b) that a duly authorised person is present to accept delivery and to sign the delivery note and (c) that any restricted delivery hours and/or health and safety risks are notified to ESPRIA in writing prior to despatch. 11.9 Where Goods are to be installed or set-up on-site, the Customer shall provide ESPRIA’s employees, agents and sub-contractors adequate access to the place of installation and free use of any necessary services or facilities. 11.10 Signature by the Customer of ESPRIA’s delivery note, or ESPRIA’s carrier’s delivery sheet, or the issue by the Customer of a receipt for delivery, shall constitute conclusive proof of delivery. Any delivery receipt shall be deemed signed or issued by the Customer if signed by a person who is or appears to be an employee or agent of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing Customer regardless of any issues regarding subsequent allegation by the Goods delivered, including, without limitation, as Customer that that person had no authority to quantity, type and quality, within tensign delivery receipts.

Delivery of Goods. 2.1 All 4.1 Delivery of the Goods are supplied Ex Works (Incoterms 2020) shall be completed on the completion of loading of the Goods at the premises of the Supplier’s premises unless specifically agreed to the contrary in any Order. . 4.2 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.3 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.4 If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then: 4.4.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and 4.4.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.5 If twenty Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify 4.6 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 4.1 Malary shall ensure that: (a) each delivery of the Goods are supplied Ex Works is accompanied by a delivery note that shows the description and quantity of the Goods delivered; and (Incoterms 2020b) Supplier’s premises unless specifically agreed if Malary requires the Customer to return any packaging materials to Malary, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Malary shall reasonably request. Returns of packaging materials shall be at Xxxxxx'x expense. 4.2 Malary shall deliver the Goods to the contrary location set out in any Order. the Order or such other location as the parties may agree (Delivery Location) at such time between 9am and 5pm on a Business Day as Malary notifies the Customer in writing at least one Business Day before the delivery or such other time as the parties agree (Delivery Time). 4.3 Delivery is completed on the completion of unloading of the Goods at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier Malary shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide Supplier Malary with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If Supplier Malary fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Malary shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide Malary with adequate delivery instructions for the Goods or any other instructions that are relevant to the supply of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 4.6 If the Customer fails to take delivery of any issues regarding the Goods deliveredwithin two hours of the Delivery Time, includingthen, without limitation, as except where such failure or delay is caused by a Force Majeure Event or Xxxxxx'x failure to quantity, type and quality, within tencomply with its obligations under the Contract: (a) delivery of the Goods shall be deemed to have been completed at the Delivery Time; and

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: 4.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 4.1.2 it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location") at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: 4.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and 4.6.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered 4.8 If the Supplier delivers up to and including 5% more or less than the quantity of Goods and shall notify ordered the Customer may not reject them. 4.9 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All (a) Goods are supplied Ex Works must be delivered in the manner and at the place and time indicated in the Agreement, order, assignment or these General Terms and Conditions of Purchase. In the event that no agreements have been made in that respect, goods must be delivered at the Sites DDP (Incoterms 2020"Delivery Duty Paid"). Delivery is also understood to include the delivery of any and all related auxiliary materials and any and all related documentation. (b) If Supplier wishes to deliver in parts, Supplier must notify FNsteel of that In Writing, stating the correct dates of the deliveries. Deliveries in parts will only be allowed if Supplier has received Written permission from FNsteel in that regard. If permission has been granted to deliver in parts, ‘delivery’ will also be taken to mean a partial delivery for the purposes of this Article 5. (c) Supplier will be in default if it exceeds a delivery period agreed for all or part of any delivery of goods. (d) Without prejudice to FNsteel’s right to claim compensation of any damage that it sustains, for every week by which the delivery period is exceeded Supplier will owe an immediately due and payable penalty, without any notice of default being required, equal to 1% of the amount of the order, up to a maximum of 10% of the amount of the order, unless it is established that the cause of the delivery period being exceeded was not at Supplier’s premises unless specifically risk. The foregoing is without prejudice to all FNsteel's other rights and claims, including its right to claim compensation of the damage actually sustained. This article explicitly excludes the application of Article 6:92(2) and (3) of the Dutch Civil Code ("DCC"). (e) Any discrepancy in the quantity ordered will only be accepted if explicitly agreed In Writing by FNsteel and Supplier. (f) Unless otherwise agreed, the goods will be delivered DDP, as referred to in the contrary Incoterms 2020 or the most recent version of the Incoterms at the time that the Agreement is concluded, at the place designated by FNsteel as further provided in any OrderArticle 5(a) of these General Terms and Conditions of Purchase. (g) Deliveries must be in accordance with the applicable EU directives. Any dates quoted Supplier must comply with the following formalities for delivery are approximate only each applicable directive: (i) Supplier must draw up and sign a Declaration of Conformity (CE marking) which Supplier must provide to FNsteel upon request; (ii) Supplier must compile and file a Technical Construction File and make it available to FNsteel upon request; and (iii) Supplier must make a user manual available to FNsteel in Dutch not later than at the time of delivery is not delivery. Any costs incurred in connection with complying with these formalities will be borne by Supplier. (h) Supplier must, at FNsteel's request, draw up a manufacturing schedule or a progress schedule with respect to the goods to be delivered by Supplier and send it to FNsteel on a periodic basis. The progress of the essencedrawing work, the provision of materials, the implementation at the workplace and the delivery must be indicated in the manufacturing schedule or progress schedule. 2.2 (i) If Goods are ready for delivery Supplier believes that it will be unable to perform its obligations (including its obligation to deliver) or will not be able to perform them properly and Purchaser in a timely manner, it must immediately notify FNsteel of that, stating the actual circumstances that impede timely or proper performance. This provision also applies in the event that the cause is attributable to FNsteel. (j) If Supplier fails to take delivery on provide FNsteel with the date required by the Contract, or after seven notifications referred to in para. (7i) days’ written notice from Supplier where no such date is specifiedof this Article 5, Supplier shall be entitled to: will forfeit any and all rights that it would have been able to invoke in connection with the actual circumstances referred to in para. (ai) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeof this Article 5. This provision will apply even if FNsteel was aware or ought to have been aware of the circumstances in question. 2.3 If Purchaser fails to take (k) A delivery within thirty (30) days of the date of invoice it shall will be deemed to have waived been completed when the delivery of the goods has been accepted by or on behalf of FNsteel and FNsteel has signed to indicate its rights under acceptance of the Contract, and delivery. This signature will be without prejudice to any other right the fact that Supplier the goods that have been delivered may have against Purchaser, including be rejected on the right to recover the purchase price in fullbasis of Article 14 of these General Terms and Conditions of Purchase. Furthermore, Supplier shall will not be entitled to resell derive any rights whatsoever from the Goodssignature referred to in the first sentence of this paragraph, and that signature will not, therefore, for example, preclude FNsteel from being able to exercise its rights, such as its rights on the basis of a breach on the part of Supplier. 2.4 Any right (l) Supplier is not authorised to suspend its obligation to deliver in the event that FNsteel breaches any of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsits obligations. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier1. The terms and conditions of delivery and any specified delivery date is governed by the written Order confirmation of Seller. 2. The delivery period begins on the date when the Order confirmation is sent by Seller. Notwithstanding the foregoing, the delivery period will not commence before Seller has received all necessary documents, permissions or releases to be procured by Xxxxx. Seller’s premises unless specifically agreed obligation to comply with the contrary in any Order. Any dates quoted for delivery are approximate only and the time term of delivery is not contingent upon the performance of the essencecontractual duties of Buyer as set forth in this Agreement. 2.2 If Goods 3. The goods shall be considered delivered on the date when the goods are physically delivered to their common carrier, or on the date when Buyer is notified that the goods are ready for shipment, whichever occurs first. Seller’s shipment of any goods which are made within forty–five (45) days after the specified delivery and Purchaser date on any Order shall constitute a good delivery. Buyer shall pay for any goods delivered to Buyer without set–off or demand regardless of other controversies relating to other delivered or undelivered goods. 4. If Seller is in default of fulfilling the specified delivery date on any Order through no fault of Buyer, following the expiration of a grace period of forty–five (45) days following the specified delivery date, upon demand Buyer may be entitled to receive liquidated damages at the rate of 0.25% for each additional complete calendar week, but no more than 5% of total net invoice purchase price of the goods which are not received by Buyer within forty–five (45) days following the specified delivery date. Any further claims or liability in connection with untimely performance shall be excluded. The parties agree that such sum represents a reasonable estimation of damages anticipated by the parties arising from such delivery failure by Seller. Provided, Seller’s obligation to pay liquidated damages is conditional on Buyer’s submittal of evidence proving that damages have actually occurred as a result of such delay. If the maximum amount of liquidated damages has accrued, Buyer may determine a reasonable extension of time for the delivery. If Seller fails to take deliver the goods within the extension of time for reasons Seller is solely responsible for, Xxxxx may declare the contract voided and demand the refund of all payments upon return of the goods already delivered. 5. Seller shall not be liable, even in the event of agreed upon delivery periods and deadlines, for delays to deliveries caused by force majeure or due to events that make it significantly more difficult or impossible for Seller to make the delivery (these include war (declared or otherwise), war–like situations, civil unrest, revolutions, rebellions, military or civilian coups, revolt, tumult, riots, blockades, embargoes, governmental orders, sabotage, strikes, go–slow actions, lockouts, epidemics, fire, flooding, storm surges, typhoons, hurricanes or other severe weather conditions equal to the level of a disaster, earthquakes, landslides, lightning strikes, general shortages in materials, piracy, shipwrecks, lack of port and unloading capacities, serious transport accidents, rejections and new production of significant plant parts for reasons outside of Seller's control insofar as the latter situation results in a prolongation of the delivery periods). Such delays shall entitle Seller to postpone the delivery for the period of the impediment plus a reasonable additional lead time, or to partially or wholly rescind the Order in relation to the non–performed part of the Order. This applies equally if Seller is already in default. Buyer shall be promptly informed of any non–availability of goods or services. In addition to the rights granted to Buyer under Article IX, Xxxxx is entitled to unilaterally rescind the as–yet unfulfilled portion of any Order if the force majeure event continues for longer than six (6) months. 6. If shipment is delayed on the date required by the Contractinstruction of Buyer, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within then beginning thirty (30) days from the date when the goods were otherwise ready for shipment, Buyer shall be responsible for any storage costs incurred by Seller as a result of such delivery delay. If the goods are stored on Seller’s premises, the storage costs will be at least one percent (1%) of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell per month for the Goodsstored goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late 7. Seller may execute partial deliveries at all times and may invoice each such partial delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsseparately. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Supplier shall deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary location set out in any Orderthe Order or such other location as the parties may agree (Delivery Location). The Supplier shall use its reasonable endeavours to deliver the Goods within three Business Days of the Delivery Date.‌ 5.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 5.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 5.4 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing 5.5 If the Customer fails to take or accept delivery of any issues regarding the Goods deliveredat the Delivery Location, includingexcept where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at the time of attempted delivery by the Supplier; and (b) the Supplier shall store the Goods until delivery takes place, without limitationand charge the Customer for all related costs and expenses (including insurance). 5.6 The Supplier may deliver the Goods by instalments, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All The Supplier shall deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary address for delivery given in any the Purchase Order. Any Where the Supplier requires access to the PCC’s Premises in order to deliver the Goods: the Supplier shall agree delivery times with the PCC in advance (unless the PCC agrees otherwise); the Supplier shall comply with any rules or security requirements applied by the PCC in relation to access to its Premises. Except where otherwise agreed by the PCC, delivery of the Goods shall include unloading the Goods at such place and in such manner as the PCC shall reasonably direct. The Supplier shall deliver the Goods on or (where the PCC agrees) before the date or dates quoted for delivery are approximate only and given in the Purchase Order. Unless the Purchase Order provides otherwise, the time of delivery is not of the essence. 2.2 If essence in this Contract and any failure to deliver the Goods are ready by the date (or at the time) given in the Purchase Order shall entitle the PCC to give the Supplier notice terminating the Contract with immediate effect. Without prejudice to the PCC’s other rights and remedies under this Contract, property and risk in the Goods shall pass to the PCC on acceptance of delivery. Any consignment of Goods dispatched by the Supplier for delivery to the PCC shall be accompanied by a delivery note prepared by the Supplier marked with the Order Number. Where applicable, the delivery note shall also specify the means of transport, the place and Purchaser fails date of delivery, the number of packages, the content of the packages, the weight and volume of the packages and whether or not the packaging must be returned to take the Supplier. The Goods shall be appropriately packaged and clearly labelled. The labelling and packaging shall comply with any reasonable requirements of the PCC of which the Supplier is aware and with any statutory requirements. In particular, if the packages contain any material which is hazardous, noxious or dangerous this shall be clearly indicated. All packaging shall be considered non-returnable and shall be destroyed unless the Supplier indicates in the advice note accompanying the consignment of Goods that the packaging will be charged for unless it is returned. The PCC shall only accept liability for packaging that does not arrive at the Supplier’s premises following dispatch by the PCC if the Supplier informs the PCC of its non-arrival within 10 days of receiving notification from the PCC that the packaging has been despatched. Where some or all of the Goods have been damaged in transit (or have failed to arrive at the PCC after dispatch by the Supplier) the Supplier shall either repair or replace the Goods in question (at the choice of the PCC) provided always that: in the case of damage in transit the PCC has informed the Supplier of the damage within 30 days of receiving the Goods; and in the case of non-delivery on and where the Supplier has notified the PCC of the intended date of delivery, the PCC has informed the Supplier within 10 days of the notified delivery date that the Goods have not been received. The Supplier shall permit the PCC to inspect the Goods and shall provide all reasonable assistance to the PCC in undertaking an inspection. The PCC shall not be taken to have waived any of its rights under this Contract (and in particular it’s right to reject the Goods) if it does not carry an inspection or if it approves the Goods following an inspection. The PCC may, by written notice to the Supplier, reject any of the Goods which fail to meet the requirements of this Contract provided always that the PCC gives such notice within a reasonable time of receiving the Goods. If the PCC rejects any of the Goods pursuant to this clause, it shall be entitled: to have the Goods concerned either repaired by the Supplier or (at the choice of the PCC) replaced by the Supplier with Goods which comply with this Contract; or to obtain a refund of any payment it has made to the Supplier. Subject to any alternative guarantee arrangements made between the PCC and the Supplier, the guarantee period applicable to the Goods shall be 12 months from the PCC putting the Goods into service or 18 months from delivery (whichever is shorter). If, within the guarantee period or within 30 days thereafter, the PCC gives the Supplier written notice of any defect which arose within the guarantee period under proper and normal use of the Goods, the Supplier shall remedy such defect as quickly as possible (whether by repair or replacement, as the PCC shall choose) without cost to the PCC. Any Goods rejected or returned to the Supplier shall be returned at the Supplier’s expense. Where the Purchase Order requires the Supplier to install the Goods at the PCC’s Premises: the Supplier shall make no delivery of plant, materials or equipment and shall not commence any installation work without the prior consent of the PCC; the Supplier shall carry out the installation work diligently and with reasonable skill and care; the Supplier shall comply with the PCC’s requirements relating to access to and use of its Premises and shall co-ordinate its work with any other employee or contractor who is carrying out work for the PCC; the Supplier shall keep the PCC’s Premises clean and tidy at all times and shall remove all plant and unused materials when the installation work is complete. The PCC shall have the power at any time during any installation works to give notice to the Supplier requiring: the removal from its premises of any materials which are hazardous or noxious or not in accordance with the Contract; the substitution of proper and suitable materials; and/or the removal and re-execution of any installation work or any Goods which are not in accordance with the Contract. The Supplier shall provide the Services set out in the Purchase Order. In performing the Services the Supplier will be an independent contractor and nothing in the Contract shall render the Supplier, or any of its staff, an employee, worker, agent or partner of the PCC and the Supplier (and shall procure that anyone providing the Services) shall not hold itself out as such. The Supplier shall perform the Services: with reasonable care and diligence; in accordance with industry best practice and using the best available techniques and standards; using staff who have appropriate skills, qualifications and experience; using the appropriate number of staff; in compliance with all applicable laws and regulations and all necessary licences and consents (and including, where reasonably required by the ContractPCC, any security policies of the PCC); and to the reasonable satisfaction of the PCC. The Supplier shall provide all plant, equipment and materials necessary for the performance of the Services except as otherwise agreed with the PCC. All plant, equipment and materials shall be at the Supplier’s risk. The Price shall include the costs of haulage of plant, equipment and material to the PCC’s Premises and their removal and ‘making good’ the PCC premises after removal after the Services are complete. The Supplier shall not place or after seven (7) days’ cause to be placed any orders with third parties or otherwise incur any liabilities to third parties in the name of the PCC without the prior written consent of the PCC. The Supplier shall carry out the Services for the period and/or in accordance with the timescales set out in the Purchase Order. In the event that the Purchase Order does not specify any timescales, the Supplier shall comply with any reasonable timescales notified by the PCC. The PCC may by written notice from require the Supplier where no to execute the Services in such date is specified, order as the PCC may reasonably decide. In the absence of such notice the Supplier shall be entitled to: (a) issue an invoice for submit such Goods; detailed programmes of work and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser progress reports as the PCC may from time to time require. The Supplier shall notify the PCC immediately if it becomes aware of any event that it believes is likely to delay or impede the performance of the Services. In the event that the Supplier fails to take delivery within thirty (30) days meet a date or dates set out in the Purchase Order it shall, on the request of the date of invoice it shall be deemed to have waived its rights under the ContractPCC, and without prejudice to the PCC’s other rights and remedies, arrange to provide all such additional resources as are necessary to fulfil its obligations at no additional cost to the PCC. The PCC may at any time reject the Services or anything delivered as part of the Services which in the reasonable view of the PCC does not comply with the Purchase Order or these Terms and Conditions in any material way. If the PCC rejects all or part of the Services under clause 5.9, it shall serve a notice on the Supplier stating the reasons for such rejection. Following receipt of a notice of rejection of the Services, the Supplier shall have 7 days (or such other right that period as the Parties may agree in writing) during which the Supplier may have against Purchasershall correct the faults which caused the notice of rejection to be issued. If the Supplier fails to correct the faults which caused the notice of rejection to be issued to the reasonable satisfaction of the PCC within 7 days, including the right to recover the purchase price in full, Supplier PCC shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the this Contract for late delivery or any part of the Goods Services. The Supplier shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery remove and/or re-execute (at the choice of the Goods within not less than thirty (30PCC) days any work that has been rejected by the PCC. The PCC may require the immediate removal from its premises of service anything delivered by the Supplier which, in the reasonable view of that notice on Supplier in accordance with Section 14the PCC, is hazardous or noxious. The Supplier shall not be liable for comply with any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodssuch request at its own expense. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) 10.1 The Supplier will use its reasonable endeavours to meet any estimated dates for delivery of goods but the Supplier is not liable for any loss or damage whether direct or consequential suffered by the Customer or any other person for the Supplier’s premises unless specifically agreed 's inability or failure to meet any estimated date for delivery 10.2 The Supplier will arrange for the delivery of the goods to the contrary in Customer where the Supplier is requested to do so by the Customer. 10.3 Unless otherwise agreed, the Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery. 10.4 The Supplier is entitled to make part delivery of any Order. Any dates quoted goods and services and may invoice the Customer for delivery are approximate only that part of the goods and services so delivered or completed as and when that occurs. 10.5 The Customer will indemnify and keep the Supplier indemnified against any loss or damage suffered by the Supplier, its agents, contractors or employees as a result of any delivery, except where the Customer is a consumer and the time of Supplier has not used the appropriate due care and skill. 10.6 If any delivery is not attempted by the Supplier or its agent, contractors or employees but such delivery is unable to be completed through no fault of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on Supplier, the date required by Customer may, at the ContractSupplier's option, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late taken delivery of the Goods shall goods. 10.7 If it is intended that the Customer will collect any goods from time to time: (a) the Customer must collect the goods within 7 days of the Customer being advised that the goods are available for, and the place for collection; and (b) if the Customer does not collect the goods within that time, the Customer, at the Supplier's option, may be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier deemed to complete have taken delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in goods. 10.8 Whenever delivery of the Goods caused goods is taken or deemed to have been made by Purchaser's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable to the supply Customer but the goods remain in the physical possession of the Goods. If Supplier fails to deliverSupplier, or the Customer is late liable for storage charges at the Supplier's usual rates in delivering the Goods, Supplier’s liability shall be limited to the price respect of the Goodssuch items payable monthly on demand. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed 6.1 The most recent published version of the Incoterms, published by the International Chamber of Commerce in Paris shall apply to the contrary interpretation of the terms and conditions of delivery, unless otherwise agreed in any Orderwriting in the Agreement. 6.2 In case of conflicting conditions between the applicable Incoterms and these Purchasing Conditions, the latter will prevail. 6.3 Unless otherwise agreed in writing, delivery will take place Delivered Duty Paid (DDP) at the agreed delivery location, strictly at the agreed time or within the agreed period. 6.4 The delivery will only be completed when the Goods with all the accompanying Resources and Documentation have been received by or behalf of Essent and Essent has signed for the delivery as correct. 6.5 The delivery and other periods stated in the offer or Agreement are strict deadlines. Any dates quoted for delivery are approximate only and The Supplier will be in default without further notice simply by exceeding the aforementioned periods. 6.6 If a period or date of performance is not expressly agreed, a reasonable period of performance will apply that will not exceed 4 weeks from the date on which the Agreement is concluded. 6.7 Essent reserves the right to further determine the time of delivery is by calling for delivery on demand, provided that the call for delivery on demand takes place within the agreed delivery period. If the call for delivery on demand takes place later than the agreed delivery period, this will not entitle the Supplier to any price adjustment or compensation of damage or costs. 6.8 Delivery also includes the delivery of all accompanying Resources and all accompanying Documentation. 6.9 If Essent requests the Supplier to delay the delivery, the Supplier will store, safeguard and insure the Goods, duly packaged and identifiable as being destined for Essent, and take all reasonable measures to prevent any deterioration in the quality of the essenceGoods, at a fee to be further agreed upon in writing. Essent will not be in default in such a case. 2.2 If Goods are ready for 6.10 As soon as the Supplier knows or is expected to know that the delivery and Purchaser fails cannot take place on time or in a proper manner, it will immediately notify Essent thereof in writing, stating the circumstances that give rise to take delivery this breach. Notwithstanding Essent’s right to terminate the Agreement in accordance with the provisions of Articles 20.1-20.3, the Parties will consult on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contractwhether, and without prejudice if so how, the situation can be resolved to any other right that Supplier may have against Purchaser, including Essent’s satisfaction. Essent reserves the right to recover organise remedy or replacement itself or to arrange for third parties to provide a remedy or replacement. The associated costs will be for the purchase price in full, account of the Supplier. 6.11 The Supplier shall be is not entitled to resell make partial deliveries, unless otherwise agreed in writing in the Goods. 2.4 Any right of Purchaser Agreement, in which case a delivery will also be understood to reject mean a partial delivery for the Goods and/or terminate the Contract for late delivery purpose of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the GoodsPurchasing Conditions. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their destination in good and undamaged condition; (Incoterms 2020b) Supplier’s premises unless specifically agreed each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (if one is assigned), the type and quantity of the Goods (including the code number of the Goods (where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) it states clearly on the delivery note any requirement for SimRush Ltd. to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only and be returned to the time of delivery is not Supplier at the cost of the essenceSupplier. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery 4.2 The Supplier shall deliver the Goods: (a) on the date required by specified in the ContractOrder or, or after seven (7) days’ written notice from Supplier where if no such date is specified, Supplier specified time shall be entitled to: (a) issue an invoice for such Goods; of the essence and the Supplier must deliver the goods as soon as possible; (b) charge Purchaser for all additional costs and expenses to SimRush Ltd's premises at Quartermaster House, Xxxxxx Road, Rackheath, NR13 4PS. UK or such other location as is set out in the Order or as instructed by SimRush Ltd. before delivery (includingDelivery Location); and (c) during SimRush Ltd's normal hours of delivery (09:30 - 17:00) on a Business Day, without limitation, warehousing and insurance) until delivery takes place.or as instructed by SimRush Ltd. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery 4.6 Delivery of the Goods shall not be exercisable unless Purchaser has first served written notice completed on Supplier requiring Supplier to complete delivery the completion of unloading of the Goods within not at the Delivery Location. If the Supplier fails to deliver the full and complete order SimRush Ltd. may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than thirty (30) days the quantity of service of that notice on Goods ordered, and SimRush Ltd. accepts the delivery, the Supplier in accordance with Section 14shall make a pro rata adjustment to the invoice for the Goods. The Supplier shall not be liable for any delay in delivery of deliver the Goods caused in instalments without SimRush Ltd's prior written consent. Where it is agreed that the Goods are delivered by Purchaser's action or inaction includinginstalments, without limitationthey may be invoiced and paid for separately. However, failure by the Supplier to provide Supplier with adequate delivery instructions deliver any one instalment on time or at all or any other information, applicable defect in an instalment shall entitle SimRush Ltd. to the supply of the Goodsremedies set out in clause 6.1. If Supplier fails to deliver, or is late Title and risk in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as shall pass to quantity, type and quality, within tenSimRush Ltd. on completion of delivery.

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: 4.1.1 the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed properly packed and secured in such manner as to the contrary enable them to reach their destination in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.good condition; 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late 4.1.2 each delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of the Goods within not (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 4.1.3 if the Supplier requires Berneslai Homes to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: 4.2.1 on the date specified in the Goods Specification or Order (if any); 4.2.2 to Berneslai Homes’ premises, or such location as is set out in the Goods Specification or Order or as instructed by Berneslai Homes before delivery (Delivery Location); 4.2.3 during Berneslai Homes’ normal hours of business, or as instructed by Berneslai Homes. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: Goods; 4.4.1 delivers less than thirty (30) days the quantity of service Goods ordered, Berneslai Homes may reject the Or 4.4.2 delivers more than the quantity of that notice Goods ordered, Berneslai Homes may at its sole discretion reject the Goods on Supplier in accordance with Section 14the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. Berneslai Homes has no obligation to pay for any excess Goods delivered. 4.5 The Supplier shall not be liable for any delay in delivery of deliver the Goods caused in instalments without Berneslai Homes’ prior written consent. Where it is agreed that the Goods are delivered by Purchaser's action or inaction includinginstalments, without limitationthey may be invoiced and paid for separately. However, failure by the Supplier to provide Supplier with adequate delivery instructions deliver any one instalment on time or at all or any other information, applicable defect in an instalment shall entitle Berneslai Homes to the supply of the Goods. If Supplier fails to deliver, or is late remedies set out in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsclause 6.1. 2.5 Purchaser shall promptly inspect all delivered Goods 4.6 Title and shall notify Supplier risk in writing of any issues regarding the Goods delivered, including, without limitation, as shall pass to quantity, type and quality, within tenBerneslai Homes on completion of delivery.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such GoodsWe will use our reasonable endeavours to require the Supplier to deliver the Goods on any date specified or estimated by us, but: (i) these dates are estimates only; and and (ii) if the Supplier does not currently stock a particular Good, then there may be a delay in the supply of that Good until the Supplier has restocked that Good. (b) charge Purchaser We will request the Supplier to deliver Goods or make the Goods available for all additional costs collection between the hours of 9.00 am and expenses 5.00 pm Monday to Friday at the place of delivery we nominate or agree with you (including, without limitation, warehousing and insurance) until delivery takes placeexcluding on any public holiday at the place of delivery). 2.3 If Purchaser fails (c) From time to take time, the Supplier might be unable to deliver to certain areas or regions. We will tell you if this is so, after you have provided your delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodsdetails. 2.4 Any right of Purchaser (d) You authorise the Supplier to reject enter the delivery address specified in your Order to deliver the Goods and/or terminate to you. (e) You acknowledge and agree that the Contract for late Supplier does not have to deliver the Goods beyond the front door or other entry point of your premises. However, if the Supplier agrees to deliver in this manner, you indemnify Tellem and its directors, employees, contractors or agents against any loss suffered or otherwise incurred from the delivery of the Goods shall beyond the front door or other entry point of your premises. (f) You must, prior to taking possession of the Goods, inspect the Goods and immediately notify us in writing if the Goods are not fit for any purpose, are past their expiry date, are less than the number meant to be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier delivered under this Agreement or have any defect. (g) You may not refuse to complete accept delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery because only a portion of the quantity ordered was delivered. (h) Any Supplier may rely on any person who is at the delivery address specified in an Order and who takes receipt of Goods, as being authorised by you to do so. (i) A Supplier does not have to deliver the Goods caused by Purchaser's action if it reasonably believes that it is not appropriate to do so, for example where: (i) there is no one at the delivery address specified in the Order to receive the Goods; (ii) the Supplier cannot access the delivery address or inaction including, without limitation, failure cannot determine a suitable spot to provide Supplier with adequate deliver your Order (for unattended deliveries); or (iii) the delivery instructions are unclear or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsunsuitable. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify (j) If a Supplier in writing of any issues regarding is unable to deliver the Goods deliveredto you, includingit will endeavour to contact you or you may contact it to arrange for delivery at a different time, without limitation, as to quantity, type and quality, within tenthe Supplier may charge you an additional Delivery Fee for that replacement delivery.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020a) Supplier’s premises unless specifically agreed Delivery of the goods shall be made by the tenderer to the contrary Hospital's store and in any Order. Any dates quoted for delivery are approximate only and accordance with the time of delivery is not of schedule prescribed by the essenceHospital in the Local Purchase Orders. 2.2 (b) If Goods are ready for delivery and Purchaser fails to take delivery on at any time during the date required by performance of the Contract, the tenderer should encounter conditions impeding timely delivery of the Goods, the tenderer shall promptly notify the Hospital in writing of the fact of the delay, its likely duration, and its causes. On receipt of the tenderer's notice, the Hospital shall evaluate the situation and may at its discretion extend the tender's time for delivery with or after seven (7) days’ written notice from Supplier where no such date is specifiedwithout liquidated damages, Supplier in which case the extension shall be entitled to: ratified by the Hospital by amendment of the Local Purchase Order. However, in the event, that such dalliance leads the Hospital to procure the same items from other sources the tenderer shall be liable to the Hospital for any excess cost incurred for such similar goods and refusal by the tenderer shall lead to termination. (c) Except as provided under the General Conditions of contract, a delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 2.17 unless an extension of time is agreed upon pursuant to paragraph 2 (b) above without application of liquidated damages. (d) Upon delivery of the Goods, the tenderer shall notify the Hospital and forward the following documents to the Hospital: (i) Copies of the supplier invoice showing Goods description, quantity, unit price, total amount, and Local Purchase Order number (LPO). (ii) Delivery note giving details as (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeabove. 2.3 If Purchaser fails to take delivery within thirty (30iii) days Certificate of Origin (where applicable). The Hospital with the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery arrival of the Goods shall receive the above documents, and if not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of received, the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not will be liable rejected, and the tenderer will be responsible for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsconsequent expenses. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 10.1 The Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed shall be delivered by the Supplier to the contrary Company on the Expected Order Delivery Date and on the times stated in any the Order and at the Delivery Address. The Supplier shall be responsible for, and shall comply with all reasonable instructions of the Company with regard to, the unloading of the Goods at the Delivery Address. The Company shall be under no obligation to accept partial delivery of an Order. Any dates quoted for delivery are approximate only and the . 10.2 The time of delivery is not of the essenceGoods shall be of the essence in respect of each Contract. 2.2 10.3 If the Goods are ready for delivery and Purchaser fails to take delivery not supplied on the date required by Expected Order Delivery Date stated in the Contractrelevant Order then, or after seven (7) days’ written notice from Supplier where no such date is specifiedwithout limiting any other remedy, Supplier the Company shall be entitled to: (a) issue an invoice to deduct from the price payable for such Goods or to claim from the Supplier by way of Liquidated Damages for delay the amount stated in Schedule 1 for the period of delay stated in Schedule 1 up to a maximum of the percentage stated in Schedule 1 of the price payable for such Goods; . The Company shall not be entitled to deduct such amount from the price payable for such Goods or to claim such amount from the Supplier by way of Liquidated Damages for delay to the extent that the delay is due to (i) a default or other act of prevention of the Company, its agents, employees or contractors (other than the Supplier) or (ii) a Force Majeure Event, or a (iii) Permitted Delay Event. 10.4 The Supplier accepts that the amount of Liquidated Damages under any Contract constitutes a genuine pre-estimate of the loss that would be suffered by the Company as a result of the Supplier’s failure to achieve the Expected Order Delivery Date. 10.5 The Goods shall be properly packed and secured in such a manner as to reach the Delivery Address in good condition and otherwise in a condition which fully complies with the requirements of each Contract. 10.6 The Supplier shall provide a detailed delivery note stating the relevant Contract Reference Number, Order number (bgiven on the relevant Order) charge Purchaser and giving full particulars of the Goods to be supplied (the “Delivery Note”). A copy of the Delivery Note shall be delivered with the Goods and be sent by facsimile to the Company on the Order Delivery Date in accordance with Clause 37. 10.7 If for any reason the Company is unable to accept delivery of the Goods on or after the Expected Order Delivery Date, the Supplier shall store the Goods, safeguard them and take all additional costs reasonable steps to prevent their deterioration until the Order Delivery Date, and expenses the Company shall be liable to the Supplier for the reasonable cost (including insurance) of its so doing. 10.8 In the event that all or any of the obligations of the Supplier under any Contract to pay Liquidated Damages are held to be unenforceable, the Supplier agrees to pay the Company damages in respect of all actual Losses suffered by the Company due to the circumstances in respect of which Liquidated Damages would have been payable if the relevant obligation had been enforceable including, without limitation, warehousing loss of profit, loss of use, loss of revenues, loss of production and insuranceloss of savings. The damages payable by the Supplier in accordance with this Clause 10 shall not exceed the amounts which would have been payable if the relevant obligation(s) until delivery takes placeto pay Liquidated Damages had been enforceable save where such obligation(s) are held to be unenforceable as a result of any argument or proceedings raised or brought by the Supplier that such obligation(s) are unenforceable, in which case the amount of such damages shall be unlimited. 2.3 If Purchaser fails to take delivery within thirty (30) days 10.9 The Supplier will not, and will ensure that neither its subcontractors, suppliers nor any other person will have, a lien, charge or encumbrance on or over any of the date Goods which are vested in the Company under Clause 13.2 for any sum due to the Supplier or its subcontractors, suppliers or other persons and the Supplier shall take all reasonable steps as may be necessary to ensure that the title of invoice it the Company and the exclusion of any such lien charge or encumbrance are brought to the notice of subcontractors and other persons dealing with any such Goods. 10.10 The Company shall be deemed under no obligation to have waived its rights under accept or pay for any Goods delivered in excess of the Contract, and without prejudice quantity ordered. If the Company elects not to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier accept such over-delivered Goods it shall be entitled to resell give notice in writing to the Goods. 2.4 Any right Supplier to remove them. Within 7 days of Purchaser receipt by the Supplier of such notice the Supplier shall remove the excess and refund to reject the Company any expenses incurred by the Company as a result of such over-delivery (including but not limited to the costs of moving and storing them) failing which the Company shall be entitled to dispose of such Goods and/or terminate and to charge the Contract Supplier for late delivery the costs of such disposal. The risk in any over- delivered Goods shall remain with the Supplier until they are collected by or on behalf of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring or disposed of or purchased by the Company, as appropriate 10.11 Notwithstanding Clause 10.6 the Company may revise the Delivery Note by providing the Supplier to complete delivery of the Goods within with not less than thirty one (301) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to revised Delivery Date (the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods“Revised Delivery Note”). 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) 11.1 Unless arrangements have been made to the contrary, delivery shall be made to the Customer at the Supplier’s premises unless specifically agreed premises. To this end delivery to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it Customer shall be deemed to have waived occurred when the Goods are set aside by the Customer or its rights under agent at the ContractSupplier’s premises. 11.2 Delivery which is not made at the Supplier’s premises shall only be undertaken if the Supplier has in writing agreed to make delivery elsewhere. 11.3 Where delivery of the Goods to the Customer is not affected at the Supplier’s premises, then: 11.3.1 where the Supplier has utilised its own delivery vehicles, delivery shall be deemed to have taken place once the Goods have been transported to the Customer’s nominated delivery address, and without prejudice notwithstanding that the Goods have not yet been off-loaded from the Supplier’s vehicle; 11.3.2 where the Supplier has utilised the services of a third-party transport provider (“third party”) delivery shall be deemed to any other right that have taken place once the Goods have been loaded onto the third party’s vehicle; 11.3.3 where the Customer has utilised its own vehicle or those of a designated third party appointed by the Customer to secure delivery of the Goods to the delivery address, the Supplier may shall be deemed to have against Purchaser, including effected delivery of the right Goods when the Customer or its third party representative have loaded the Goods onto their vehicles. 11.4 All risk in and to recover the Goods shall pass to the Customer on delivery. Ownership in the Goods however shall not pass to the Customer until the Customer has made full payment of the purchase price in full, Supplier shall be entitled to resell owing on the Goods. 2.4 Any right 11.5 The Customer shall remain responsible to offload Goods at the delivery address. If the Customer utilises the Supplier’s or the third-party personnel for this purpose, these personnel shall for this purpose, be deemed employees of Purchaser the Customer. 11.6 Should the Customer dispute that the Supplier has properly complied with any of the provisions of this clause 11, the Customer shall always remain liable to reject prove any alleged breach by the Goods and/or terminate the Contract for late Supplier of any of its obligations to properly effect delivery of the Goods in terms of this clause 11. 11.7 Delivery of Goods will take place between the hours of 08h00 to 17h00 Monday to Friday, excluding public holidays. Deliveries outside normal working hours could be subject to an extra charge unless agreed to by the Parties in writing. 11.8 The Supplier shall not be exercisable unless Purchaser endeavour to effect delivery of the Goods on the agreed date and time to the Customer at the Customer’s premises or the Customer’s nominated delivery site address, provided that the Supplier receives a minimum of 48 hours’ notice of the intended delivery date if the agreed date has first served written notice on changed or if no date has been previously agreed. 11.9 While the Supplier requiring Supplier shall endeavour to complete secure the delivery of the Goods within the time agreed with the Customer; alternatively within a reasonable period of time, the Supplier does not less than thirty (30) days guarantee that the Goods will be delivered in the correct quantity, and/or free of service defects, on the agreed date or time, and the Customer agrees that it shall have no right of that notice on action against the Supplier in accordance with Section 14respect of any loss or damage it may suffer by reason of any non-delivery or a delay in any delivery of the Goods ordered, or in the delivery of any defective Goods. The provisions of this clause 11 shall apply in equal measure to the Supplier’s employees, agents, sub-contractors and the like, utilised by the Supplier in the manufacture and delivery of the Goods. The Customer agrees that it shall have no right to cancel any order and/or refuse delivery and/or claim for any loss or damage and/or any set-off, by reason of any such delay in delivery. 11.10 The Supplier shall not be liable for where possible endeavour to notify the Customer of the events giving rise to any delay in delivery or non-delivery in circumstances where any such delay or non-delivery is expected to extend beyond one day after the time/date of the Goods caused by Purchaser's action or inaction including, without limitation, agreed delivery schedule. A failure however on the part of the Supplier to provide Supplier with adequate delivery instructions or such notification, shall not in any other information, applicable to way afford the supply Customer any right of the Goods. If Supplier fails to deliveraction for any loss, or is damage it may incur arising from any such late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsor non-delivery. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 20206.01 Time of delivery of the GOODS is of the essence of the PURCHASE ORDER and therefore the SUPPLIER shall supply all GOODS on or before the scheduled delivery date detailed in the PURCHASE ORDER. 6.02 Delivery dates stated in the PURCHASE ORDER shall be binding unless the CONTRACTOR expressly consents to or requests any revised date. Should the CONTRACTOR consent to a revised date then the SUPPLIER shall not be deemed to have been released from any obligation(s) Supplier’s premises unless specifically to comply with the terms of the PURCHASE ORDER and furthermore it will not act as an automatic waiver to any penalty agreed to be imposed for late delivery which may be detailed elsewhere in the contrary PURCHASE ORDER. 6.03 Where the SUPPLIER notifies that any delivery for which he is responsible for, is scheduled or likely to be later than the agreed delivery date noted in any Order. Any dates quoted for the PURCHASE ORDER, the SUPPLIER shall make arrangements to have the GOODS shipped / transported by express means to ensure compliance with the delivery are approximate only and date stipulated in the time of PURCHASE ORDER: in such case all related costs shall be borne by the SUPPLIER. 6.04 Each delivery is not shall be substantiated using a delivery / consignment note which shall be handed over to the CONTRACTOR’s representative at the site of the essence. 2.2 If Goods are ready for PROJECT or any such other nominated delivery and Purchaser fails location prior to take offloading. The delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier / consignment note shall be entitled to: (a) issue an invoice for such Goods; uniquely numbered and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days contain details of the date of invoice it delivery, the PURCHASE ORDER number and a detailed list of GOODS provided. For machinery and equipment, the inventory numbers listed in the PURCHASE ORDER shall be deemed detailed. 6.05 Where the SUPPLIER is responsible for shipping the GOODS, then the SUPPLIER shall provide all relevant logistical information to have waived its rights under the ContractCONTRACTOR’s nominated logistics manager and the SUPPLIER will be required to dispatch the GOODS duty, insurance & legalization paid and without prejudice they shall be shipped in accordance with any shipping Instructions contained within the PURCHASE ORDER or communicated by CONTRACTOR from time to time. 6.06 Where the shipping mode is detailed in the PURCHASE ORDER, the SUPPLIER shall ship the GOODS with the forwarder named in the PURCHASE ORDER. 6.07 The SUPPLIER is required to immediately notify in writing to the CONTRACTOR any delay in delivery, irrespective of the reason. The SUPPLIER shall state the exact reason(s) for the delay to delivery and the anticipated duration of such delay even if such delay in delivery may not (any longer) be attributable to SUPPLIER. 6.08 The acceptance by the CONTRACTOR of partial or early deliveries shall be at the sole discretion of the CONTRACTOR, provided however that any additional costs incurred by the CONTRACTOR therefrom shall be borne by the SUPPLIER, which will be deducted from payments due to be paid to the SUPPLIER. 6.09 The SUPPLIER shall use the means of access and egress to the worksite and / or any nominated lay-down or storage area as designated by the CONTRACTOR from time to time as the case may be. 6.10 During the period when delivery is being enacted, the SUPPLIER shall comply with all statutory obligations and any other right that Supplier obligations imposed by the CONTRACTOR, EMPLOYER and / or the GOVERNMENT which may have against Purchaser, including be current at the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodsdate of delivery. 2.4 Any right 6.11 The SUPPLIER shall at his own cost and risk obtain of Purchaser to reject all required permits, gate passes, licenses, certificates and every other authorisation necessary for the Goods and/or terminate the Contract for late delivery of the Goods GOODS. 6.12 The CONTRACTOR shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery responsible for identifying the location of deposition of the Goods within not less than thirty (30) days GOODS and the safe off-loading of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodssame. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their destination in good condition; (Incoterms 2020b) Supplier’s premises unless specifically agreed each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and‌ (c) it states clearly on the delivery note any requirement for Vorboss to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only and be returned to the time of delivery is not Supplier at the cost of the essenceSupplier. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery 4.2 The Supplier shall deliver the Goods: (a) on the date required by specified in the ContractOrder or, or after seven (7) days’ written notice from Supplier where if no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery then within thirty (30) days 5 Business Days of the date of invoice it the Order; (b) to Vorboss’ premises as is set out in the Order or as instructed by Vorboss before delivery (“Delivery Location”); and‌ (c) during Vorboss’ normal hours of business on a Business Day, or as instructed by Vorboss. 4.3 Delivery of the Goods shall be deemed to have waived completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than 95% of the quantity of Goods ordered, Vorboss may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, Vorboss may at its rights under sole discretion reject the ContractGoods or the excess Goods,‌ (c) and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and without prejudice to any other right that Supplier may have against PurchaserVorboss accepts the delivery, including the right to recover the purchase price in full, Supplier shall be entitled make a pro rata adjustment to resell the invoice for the Goods. 2.4 Any right of Purchaser to reject 4.5 The Supplier shall not deliver the Goods and/or terminate in instalments without Vorboss’ prior written consent. Where it is agreed that the Contract Goods are delivered by instalments, they may be invoiced and paid for late delivery of separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Vorboss to the remedies set out in Clause 6.1. 4.6 Title and risk in the Goods shall not be exercisable unless Purchaser has first served written notice pass to Vorboss on Supplier requiring Supplier to complete completion of delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the GoodsClause 4.3. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the type and quantity of the Goods; and (b) if the Supplier or the manufacturer requires the Client to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Client shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Client that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Client's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Client in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods, should this be reasonably deemed necessary the Client at least providing the Supplier with enough reasonable time to arrange for replacement goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Client's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Client fails to accept or take delivery of the Goods within 2 Business Days of the Supplier notifying the Client that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Client that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place and charge the Client for all related costs and expenses (including insurance). 4.7 If 5 Business Days after the Supplier notified the Client that the Goods were ready for delivery the Client has not taken or accepted delivery of them, the Supplier may in its discretion arrange to have the goods stored and the Client shall be responsible for all such storage costs, delivery being deemed to take place when the goods go into such storage facility. Alternatively, the Supplier may decide in its discretion to resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Client for any excess over the price of the Goods or charge the Client for any shortfall below the price of the Goods. 2.5 Purchaser 4.8 The Client shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding not be entitled to reject the Goods if the Supplier delivers up to and including 10 per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Client that the wrong quantity of Goods was delivered. 4.9 The Supplier may deliver the Goods by instalments, includingwhich shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Client to cancel any other instalment. 4.10 Some of the equipment that LINC utilise is of a fragile and dust sensitive nature. Being subjected to inappropriate conditions can damage this equipment. LINC reserves the right to refuse to deliver equipment to a site or refuse to install the equipment if the site is deemed by LINC, without limitationacting reasonably, as not to quantity, type be in a suitable state to receive the equipment or the storage facilities are inadequate. In such an event we will issue written notification of the refusal and quality, within tenwhere possible provide photographic evidence to support our claim.

Delivery of Goods. 2.1 All 3.1 The Supplier must deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any OrderDelivery Address on the Delivery Date. Any dates quoted Time for delivery are approximate only and the time of delivery is not of the essence. 2.2 If 3.2 In delivering the Goods to the AA, the Supplier must ensure that: 3.2.1 they are ready for properly labelled, packaged and secured in such a manner as to ensure that they reach the Delivery Address in good condition; 3.2.2 each delivery and Purchaser fails is accompanied by a consignment slip identifying the Supplier, the number of the Purchase Order, the exact Goods delivered, any special storage instructions (if any) and, in the case of part delivery, the outstanding balance of Goods remaining to take delivery on be delivered. 3.3 Delivery of the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier Goods shall be entitled to: (a) issue an invoice for such Goods; completed upon the Supplier successfully unloading them at the Delivery Address. Title to and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until risk in the Goods shall pass to the AA upon delivery takes placeof them in accordance with this clause. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall 3.4 The AA will not be deemed to have waived its rights under accepted the ContractGoods until it has had a reasonable time to inspect them following delivery, and without prejudice to any other right that Supplier may have against Purchaseror, including in the right to recover the purchase price case of a latent defect in full, Supplier shall be entitled to resell the Goods, until it has had a reasonable time after the latent defect has become apparent. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. 3.5 The Supplier shall not be liable for any delay in delivery of deliver the Goods caused by Purchaserin instalments without the AA's action or inaction includingprior written consent. Where the AA agrees that the Supplier may deliver the Goods in instalments, without limitationthe Supplier may invoice for each instalment separately. However, failure by the Supplier to provide Supplier with adequate delivery instructions deliver any one instalment on time or at all or any other information, applicable defect in an instalment shall entitle the AA to the supply remedies set out in clause 5. 3.6 The AA may inspect and test the Goods at any time before delivery. The Supplier shall remain fully responsible for the Goods despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Agreement. 3.7 If following such inspection or testing the AA considers that the Goods do not conform or are unlikely to comply with the Supplier's obligations under this Agreement, the AA shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. The AA may conduct further inspections and tests after the Supplier has carried out its remedial actions. 3.8 Unless otherwise set out in the Purchase Order, the AA is not obliged to return any packaging of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the any Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 24.1. The Supplier shall ensure that each delivery of the Goods are supplied Ex Works is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (Incoterms 2020) Supplier’s premises unless specifically agreed including the code number of the Goods, where applicable). 24.2. The Supplier shall deliver the Goods to the contrary location set out in any Orderthe Order or such other location as the parties may agree (Delivery Location). 24.3. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 24.4. Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, any failure to provide deliver the Goods on the date quoted by the Supplier. 24.5. Goods are delivered on normal Supplier with adequate delivery instructions or any other informationschedules. The Supplier will endeavour, applicable but shall be under no obligation, to the supply meet requests for specific delivery times outside of these schedules, but an additional charge may apply. The Customer will be advised of the GoodsSupplier's ability to meet any specific delivery time within [2] 24.6. If Business Days of the date on which an Order is made in accordance with clause 19.1. 24.6.1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourth Business Day following the day on which the Supplier fails to deliver, or is late in delivering notified the Customer that the Goods were ready; and 24.6.2. the Supplier shall store the Goods, Supplier’s liability and the Customer shall be limited to liable for all related costs and expenses (including any storage and transport costs and insurance). 24.7. If ten Business Days after the price Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods. 2.5 Purchaser 24.8. The Customer shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding not be entitled to reject the Goods if the Supplier delivers more or less than the quantity of Goods specified in the Order, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered, includingsuch notice to be delivered within two Business Days from the date of delivery of the Goods. 24.9. The Supplier may, without limitationat its sole option, as deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to 4.1 The Supplier must supply the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.Goods: 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for by delivering the Goods to the Site by the date stipulated in the Purchase Order (if any) or by such Goods; other date agreed by the parties and in accordance with any reasonable delivery requirements as notified by TasPorts to the Supplier within a reasonable timeframe prior to delivery. All deliveries will be made within TasPorts’ normal working hours as notified by TasPorts to the Supplier; (b) charge Purchaser for with due care and skill, and to a standard reasonably to be expected of a person both competent and experienced in supplying the Goods and items similar to the Goods; (c) together with all additional costs Documents required to transfer ownership of the Goods to TasPorts (including copies of any warranties and expenses third party warranties in relation to the Goods) and full documentation identifying the contents of each package delivered and each package and each delivery document will be endorsed with the number of the relevant Purchase Order; and (including, without limitation, warehousing d) in accordance with TasPorts’ reasonable directions and insurance) until delivery takes placepolicies as notified by TasPorts within a reasonable timeframe prior to delivery. 2.3 If Purchaser fails to take delivery within thirty 4.2 TasPorts will be responsible for unloading the Goods unless the Goods (30including packaging) days of weigh more than one tonne or are shipped on pallets exceeding the date of invoice it shall be deemed to have waived its rights under Australian Standard pallet size or unless otherwise stipulated in the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodsrelevant Purchase Order. 2.4 Any right 4.3 The Supplier will notify TasPorts of Purchaser its unloading requirements within a reasonable time prior to reject the Goods and/or terminate the Contract for late delivery of the Goods shall to the Site. 4.4 If clause 4.2 does not be exercisable unless Purchaser has first served written notice on apply, the Supplier requiring Supplier is responsible for unloading all Goods at the Site (within normal business hours at a time suitable to complete TasPorts) and in accordance with TasPorts’ reasonable directions. 4.5 Prior to delivery of the Goods to the Site, the Supplier must stipulate if packaging used to protect the Goods is to be returned to the Supplier, and advise the amount of any deposit charges which are to be included in the Price. All returnable packaging will be clearly marked as such by the Supplier, bear a return address of the Supplier and be returned freight forward at TasPorts’ convenience by a transporter selected by TasPorts unless otherwise agreed by the parties. 4.6 TasPorts may inspect and test the Goods for compliance with this Agreement at any time within 7 days after delivery. Where TasPorts considers (acting reasonably) that the Goods are Defective, or are short supplied, that is, the Goods are not less than thirty supplied in the quantities referred to in the Purchase Order (30Non-Complying Goods), the Non-Complying Goods may be rejected by TasPorts and the Supplier notified of their rejection, the reason for their rejection and TasPorts’ election under clause 4.7. 4.7 If TasPorts rejects any Goods under clause 4.6, the Supplier must within a reasonable time period (which will not exceed 7 days unless agreed by both parties in writing), comply with a requirement of TasPorts to collect the Non-Complying Goods from TasPorts and:‌ (a) days replace, without cost to TasPorts, the Non-Complying Goods with goods that comply with this Agreement; (b) refund any amounts paid in advance for the Non- Complying Goods; or (c) in the case of service a Defect in the Non-Complying Goods, repair the Non-Complying Goods to the satisfaction of that notice on Supplier TasPorts in accordance with Section 14. the Supplier’s obligations under this Agreement. 4.8 Where the Goods are Non-Complying Goods due to a short supply in the Non-Complying Goods, the Supplier shall not be liable for any delay in delivery must provide additional Goods within 7 days of receiving notification from TasPorts under clause 4.6, so that the quantities of Goods supplied to TasPorts comply with the requirements of the relevant Purchase Order. 4.9 The Supplier acknowledges and agrees that the acceptance of any Goods caused by Purchaser's action TasPorts under this Agreement does not prejudice or inaction includinglimit any future claim by XxxXxxxx against the Supplier in relation to any Defect in the Goods that could not have been reasonably ascertained at the time of acceptance. 4.10 The Supplier must promptly obtain for TasPorts the benefit of any manufacturer’s warranty that can reasonably be obtained applicable to the Goods supplied under this Agreement. 4.11 Nothing in this Agreement excludes, without limitationrestricts or modifies any consumer guarantee, failure to provide Supplier with adequate delivery instructions right or remedy conferred on TasPorts by the Competition and Consumer Act 2010 (Cth) or any other informationapplicable Law that cannot be excluded, applicable to the supply of the Goods. If Supplier fails to deliver, restricted or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsmodified by agreement. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed 3.1 Subject to the contrary in any Order. Any dates quoted for delivery are approximate only provisions of Conditions 3.2 and 3.3, Pinnacle will deliver the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required (if any) specified in the Purchase Order (the Delivery Date). Unless otherwise agreed in writing by Xxxxxxxx, delivery of the ContractGoods shall take place at the delivery point specified in the Purchase Order (Delivery Address). 3.2 All deliveries shall be made between the hours of 9.00 a.m. and 5.00 p.m. from Monday to Friday unless otherwise agreed. If Pinnacle and you agree a delivery time outside normal working hours Pinnacle reserves, and you accept as reasonable, the right to charge an additional sum in respect of the delivery. 3.3 You agree and accept that any dates specified by Pinnacle for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by such notice. If no dates are so specified, Pinnacle will use reasonable endeavours to procure that delivery shall be within a reasonable time. 3.4 If for any reason you fail to accept delivery of any of the Goods, or after seven Pinnacle is unable to deliver the Goods on time due to reasons within your reasonable control (7) days’ written notice from Supplier where no such date is specifiedincluding by virtue of you not providing appropriate instructions, Supplier documents, licences or authorisations): 3.4.1 risk in the Goods shall be entitled to: pass to you (a) issue an invoice including for such Goods; loss or damage caused by Pinnacle's negligence), and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it Goods shall be deemed to have waived its rights under been delivered in each case at the Contract, and without prejudice point in time at which Pinnacle was due to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject deliver the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14Condition 3.1, 3.4.2 any warehouse receipts shall serve as substitutes for the shipping documents in all respects and you undertake to reimburse Pinnacle any and all expenses so incurred within fourteen days of Pinnacle's first demand, and 3.4.3 Pinnacle may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses thereof (including storage and insurance). 3.5 You shall meet any delivery, transportation or insurance costs incurred in the delivery by Pinnacle of any Goods where the order is for Goods at a cost less than £500 excluding VAT. Supplier You shall also meet any and all re-delivery costs, or costs due to re-routing and/or surcharges which are the result of circumstances or events that are within your reasonable control. 3.6 Pinnacle may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Purchase Order. The quantity of any consignment of Goods as recorded by Pinnacle upon despatch from Pinnacle's place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide evidence to Pinnacle's reasonable satisfaction proving the contrary. 3.7 Subject to the other provisions of these Conditions (including in particular Condition 8) you agree and accept as reasonable that Pinnacle shall not be liable for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by: 3.7.1 any delay in the delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure (nor shall any delay entitle you to provide Supplier with adequate cancel the delivery instructions or unless such delay exceeds sixty days); and/or 3.7.2 any other information, applicable to the supply non-delivery of the Goods. If Supplier fails to deliver, or is late any Goods missing from your order, unless you give written notice to Pinnacle of the non-delivery or missing Goods within three working days of the Delivery Date. You agree and accept that in delivering the Goodsevent of such notice being given, Supplier’s liability Xxxxxxxx's liability: a for non-delivery of the Goods shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding replacing the Goods delivered, including, without limitation, as to quantity, type and quality, within tena reasonable time or issuing a credit note against any invoice raised for such Goods;

Delivery of Goods. 2.1 All 6.1 Unless otherwise specified in the relevant Purchase Order, Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed ordered and purchased by NSA in terms of this Agreement shall be delivered by the Supplier to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essenceNominated Delivery Address. 2.2 If Goods are ready 6.2 The date for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of as specified by NSA in the Goods within not less than thirty (30) days of service of that notice on Supplier Purchase Order or such other date as may be agreed between the Parties in accordance with Section 14. writing. 6.3 The Supplier shall not ensure that each delivery is accompanied by a delivery note and tax invoice setting out the relevant Purchase Order number. 6.4 The Goods shall be liable for any delay delivered in the quantities stipulated in the Purchaser Order or as otherwise agreed by NSA in writing prior to delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If the Supplier fails to deliver, or is late in delivering delivers less than the agreed quantity of Goods, Supplier’s NSA may reject the whole or any part of the Goods and rescind the Purchase Order or accept the partial delivery on the basis that the Supplier shall assume the costs of all additional expenses, losses or liability that it may suffer or incur as result of such partial delivery. If the Supplier delivers more than the agreed quantity of Goods, NSA may either - 6.4.1 accept all of the Goods without liability to the Supplier for any additional payment; or 6.4.2 reject the Goods which exceed the agreed quantity which Goods shall be limited collected by the Supplier at its expense within 7 (seven) days of delivery, during normal business hours. 6.5 NSA will be deemed to the price have taken delivery of the GoodsGoods as soon as the Supplier has completed off-loading and stacking the Goods at the Nominated Delivery Address. 2.5 Purchaser 6.6 The Supplier shall promptly inspect be liable for any and all costs, fees and expenses associated with the delivery to and the off-loading of the Goods at the Nominated Delivery Address. 6.7 All Goods delivered by NSA shall be properly packaged, marked and delivered at Supplier's expense in accordance with the requirements of NSA. 6.8 Time for delivery of Goods and performance of Services shall notify Supplier in writing be of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within tenessence.

Delivery of Goods. 2.1 All a. Unless otherwise agreed in writing by the Seller, the costs of packing, carriage and delivery of Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed will be paid by the Buyer. b. The Goods will be delivered to the contrary in any OrderBuyer's address as stated on the Delivery Note. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. c. Any dates quoted date for delivery are approximate specified by the Seller shall be treated as an estimate only and the time of delivery is shall not be of the essence. 2.2 If Goods are ready for d. In accordance with IncoTerms® 2010, delivery and Purchaser fails is Ex Works (Cocos Drive, Bibra Lake, Perth) whereby risk passes to take delivery on the date required by the ContractBuyer, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier who shall be entitled to: (a) issue an invoice responsible for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeinsuring the Goods from that time. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier e. The Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Purchaser's action the Seller’s negligence), nor shall any delay entitle the Buyer to terminate or inaction includingrescind the Contract unless such a delay exceeds 90 days. f. If the Buyer does not accept delivery of the Goods when delivered by the Seller, without limitationthe Seller shall in its absolute discretion be entitled to treat the contract as at an end, failure or to provide Supplier with adequate delivery instructions or deliver the Goods on a later date and if the latter, the Buyer shall be liable to pay the Seller a reasonable sum of storage and to reimburse the Seller for any other information, applicable to the supply insurance premiums in respect of the Goods. If Supplier fails The Seller shall not be under any liability to deliver, the Customer for any loss or is late damage to the Goods whilst in delivering storage howsoever arising. g. The Seller shall not be liable for any loss or damage or deterioration in the Goods, Supplier’s liability Goods from the time of the despatch of the Goods from the Seller's Premises from whatever cause. Goods shall be limited deemed to have been despatched in full quantity and in good condition unless particulars of shortage or defects alleged are notified in writing by the Buyer to the price Seller within 5 days of the Goodsdate of despatch as shown on the Seller's Delivery Note. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 5.1 The Seller shall provide Sigmatex with such information relating to the progress of work pursuant to the relevant Order in such a manner and at such time as Sigmatex may reasonably require. 5.2 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed shall be delivered to the contrary Delivery Address on the Delivery Date strictly in accordance with the Contract unless otherwise agreed by Sigmatex. Where the Seller is to provide any services in respect of the Goods following delivery, those services shall be completed on the Delivery Date. Time for delivery of the Goods and the completion of any associated services is of the essence of the Contract. Sigmate x may from time to time be permitted to defer the Delivery Date without any liability for storage or other charges from the Seller. In such case no invoice shall be submitted by the Seller until delivery has taken place . 5.3 If at any time the Seller has reason to believe that the deliveries of the Goods may not be made at the times specified in the Order, the Seller shall immediately notify Sigmatex setting out the cause for the anticipated delay. Any dates quoted for oral communication shall be immediately confirmed in writing. If delivery are approximate only is delayed, the Seller shall at its own cost send the Goods at such time to such place and in such manner as instructed by Sigmatex, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required Seller shall, if so requested by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, Sigmatex and without prejudice to the other rights and remedies of Sigmatex, reimburse Sigmatex on demand for all losses and damages reasonably incurred as a result of such delay. For the avoidance of any other right that Supplier may have against Purchaserdoubt, including in the right event of any shortage of the Goods in the market, the Seller shall prioritise all Orders placed by Sigmatex and shall use all reasonable endeavours to recover fulfil such Orders in accordance with the purchase price in full, Supplier shall be entitled to resell the GoodsContractual Package. 2.4 Any right 5.4 If the Seller fails to deliver in accordance with clause 5.2 then, without prejudice to Sigmatex’s rights for breach of Purchaser to the Contract, Sigmatex may: a) reject the Goods and/or delivered and terminate the Contract for late as a whole. In this event, without prejudice to Sigmatex’s other remedies, the Seller shall promptly and at the cost of the Seller collect any Goods which have been delivered; b) accept delivery of those Goods which have been delivered, and terminate the Contract in respect of the undelivered Goods; or c) accept those Goods which have been delivered and specify a further Delivery Date by which the remainder of the Goods must be delivered in respect of which the provisions of this clause 5 shall continue to apply. 5.5 Risk of loss or damage to the Goods shall pass to Sigmatex on the later of physical delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery Sigmatex (after unloading of the Goods within not less than thirty (30at the Delivery Address) days or completion by the Seller of service of that notice on Supplier any services which the Seller is to provide in accordance with Section 14. Supplier shall not be liable for any delay in delivery respect of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable following delivery. 5.6 Title to the supply Goods shall pass to Sigmatex as soon as the Goods have been appropriated to the Contract and title to any materials procured or manufactured by the Seller towards performance of the Goods. If Supplier fails Contract shall pass to deliver, Sigmatex when they are procured or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsmanufactured. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 3.1 Where the Contract is for the supply of Goods, delivery shall take place on the Delivery Date at the Delivery Address during the usual opening hours of those premises, in accordance with any instructions specified by the Council, including any instructions on ensuring the security of the Delivery Address. 3.2 Time of delivery of Goods is of the essence in the Contract unless otherwise specified by the Council. 3.3 If the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to not delivered on time, the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including Council reserves the right to recover cancel the purchase price whole or any part of the Order, in fullwhich case You will, Supplier if the Council instructs you to do so, promptly collect any Goods delivered to the Council at Your expense. The Council will not be required to make any payment for the Goods subject to such cancellation. 3.4 Unless otherwise agreed in writing by the parties or stated in the Contract Documents, You are not entitled to deliver the Goods in instalments. 3.5 The Goods shall be packed in such a manner as to reach their destination undamaged. The Council shall not be obliged to return to You any packaging materials for the Goods, save for any empty returnable containers marked as such, which You will collect at Your sole cost and risk. However, where the Contract also includes the service of unpacking and/or installing the Goods, You shall remove all packaging, recycling it where possible but otherwise in accordance with all legislation on the disposal of waste. 3.6 Each Delivery of Goods must be accompanied by a detailed Goods Delivery Note. The Council shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the any Goods and/or terminate the Contract for late delivery delivered without a Goods Delivery Note. Where Delivery of the Goods is in accordance with the Contract, a Council representative shall not be exercisable unless Purchaser sign the Goods Delivery Note. A Goods Delivery Note that has first served written notice on Supplier requiring Supplier to complete delivery been signed by a Council representative shall constitute evidence only that Delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier has occurred and shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable constitute evidence as to the supply of the Goods. If Supplier fails to deliverquantity, satisfactory quality or is late in delivering the Goods, Supplier’s liability shall be limited to the price otherwise of the Goods. 2.5 Purchaser 3.7 The Council shall promptly inspect all delivered Goods and shall notify Supplier in writing not be obliged to accept the delivery of any issues regarding Goods or any quantities of Goods varying from those specified in the Contract. 3.8 Where any Goods delivereddelivered to the Council are delivered to the wrong place, including, without limitation, as You shall be solely responsible for and bear the costs incurred in redirecting such Goods to quantity, type and quality, within tentheir correct destination.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 20206.01 Time of delivery of the GOODS is of the essence of the PURCHASE ORDER and therefore the SUPPLIER shall supply all GOODS on or before the scheduled delivery date detailed in the PURCHASE ORDER. 6.02 Delivery dates stated in the PURCHASE ORDER shall be binding unless the CONTRACTOR expressly consents to or requests any revised date. Should the CONTRACTOR consent to a revised date then the SUPPLIER shall not be deemed to have been released from any obligation(s) Supplier’s premises unless specifically to comply with the terms of the PURCHASE ORDER and furthermore it will not act as an automatic waiver to any penalty agreed to be imposed for late delivery which may be detailed elsewhere in the contrary PURCHASE ORDER. 6.03 Where the SUPPLIER notifies that any delivery for which he is responsible for, is scheduled or likely to be later than the agreed delivery date noted in any Order. Any dates quoted for the PURCHASE ORDER, the SUPPLIER shall make arrangements to have the GOODS shipped / transported by express means to ensure compliance with the delivery are approximate only and date stipulated in the time of PURCHASE ORDER: in such case all related costs shall be borne by the SUPPLIER. 6.04 Each delivery is not shall be substantiated using a delivery / consignment note which shall be handed over to the CONTRACTOR’s representative at the site of the essence. 2.2 If Goods are ready for PROJECT or any such other nominated delivery and Purchaser fails location prior to take offloading. The delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier / consignment note shall be entitled to: (a) issue an invoice for such Goods; uniquely numbered and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days contain details of the date of invoice it delivery, the PURCHASE ORDER number and a detailed list of GOODS provided. For machinery and equipment, the inventory numbers listed in the PURCHASE ORDER shall be deemed detailed. 6.05 Where the SUPPLIER is responsible for shipping the GOODS, then the SUPPLIER shall provide all relevant logistical information to have waived its rights under the ContractCONTRACTOR’s nominated logistics manager and the SUPPLIER will be required to dispatch the GOODS duty, insurance & legalization paid and without prejudice they shall be shipped in accordance with any shipping Instructions contained within the PURCHASE ORDER or communicated by CONTRACTOR from time to time. 6.06 Where the shipping mode is detailed in the PURCHASE ORDER, the SUPPLIER shall ship the GOODS with the forwarder named in the PURCHASE ORDER. 6.07 The SUPPLIER is required to immediately notify in writing to the CONTRACTOR any delay in delivery, irrespective of the reason. The SUPPLIER shall state the exact reason(s) for the delay to delivery and the anticipated duration of such delay even if such delay in delivery may not (any longer) be attributable to SUPPLIER. 6.08 The acceptance by the CONTRACTOR of partial or early deliveries shall be at the sole discretion of the CONTRACTOR, provided however that any additional costs incurred by the CONTRACTOR therefrom shall be borne by the SUPPLIER, which will be deducted from payments due to be paid to the SUPPLIER. 6.09 The SUPPLIER shall use the means of access and egress to the worksite and / or any nominated lay-down or storage area as designated by the CONTRACTOR from time to time as the case may be. 6.10 The SUPPLIER shall comply with all statutory obligations and any other right that Supplier obligations imposed by the CONTRACTOR, EMPLOYER and / or the GOVERNMENT which may have against Purchaser, including be current at the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodsdate of delivery. 2.4 Any right 6.11 The SUPPLIER shall at his own cost and risk obtain of Purchaser to reject all required permits, gate passes, licenses, certificates and every other authorisation necessary for the Goods and/or terminate the Contract for late delivery of the Goods GOODS. 6.12 The CONTRACTOR shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery responsible for identifying the location of deposition of the Goods within not less than thirty (30) days GOODS and the safe off-loading of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodssame. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Supplier shall deliver the Goods to the location set out in the Quotation or such other location as the parties may agree (Location) at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed ready. 5.2 The Supplier may use a third party courier service of its choice to deliver the Goods to the contrary Customer. The Customer shall take any risk of deterioration in any Order. the Goods which are incident of the course of delivery by a courier. 5.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Location. 5.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other informationinstructions that are relevant to the supply of the Goods or the Customer’s failure to comply with its obligations under this agreement. 5.5 If the Supplier fails to deliver the Goods, applicable its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. . 5.6 If Supplier the Customer fails to deliveraccept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is late caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the agreement in delivering respect of the Goods, Supplier’s liability : 5.6.1 delivery of the Goods shall be limited deemed to have been completed at 09.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods are ready; and 5.6.2 the Supplier shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 5.7 If ten Business Days after the day on which the Supplier notified the Customer that the Goods are ready for delivery the Customer has not accepted actual delivery of it, the Supplier may resell or otherwise dispose of part or all of the Goods and account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered 5.8 If the Supplier delivers up to and including 5% more or less than the quantity of Goods and shall notify ordered the Customer may not reject it. 5.9 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All The Supplier shall ensure that: the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their destination in good condition; each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (Incoterms 2020if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) Supplier’s premises unless specifically agreed and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and it states clearly on the delivery note any requirement for Midland Heart to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only and be returned to the time of delivery is not Supplier at the cost of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery Supplier. The Supplier shall deliver the Goods: on the date required by specified in the ContractOrder or, or after seven (7) days’ written notice from Supplier where if no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery then within thirty (30) [10] days of the date of invoice it shall be deemed the Order; to have waived its rights under Midland Heart's office Address(es) or such other location as is set out in the ContractOrder or as instructed by Midland Heart before delivery (Delivery Location); and during Midland Heart's normal hours of business on a Working Day, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery or as instructed by Midland Heart. Delivery of the Goods shall not be exercisable unless Purchaser has first served written notice completed on Supplier requiring Supplier to complete delivery the completion of unloading of the Goods within not at the Delivery Location. If the Supplier: delivers less than thirty (30) days [95]% of service the quantity of that notice on Goods ordered, Midland Heart may reject the Goods; or delivers more than [105]% of the quantity of Goods ordered, Midland Heart may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier in accordance with Section 14delivers more or less than the quantity of Goods ordered, and Midland Heart accepts the delivery, the Supplier shall make a pro rata adjustment to the invoice for the Goods. The Supplier shall not be liable for any delay in delivery of deliver the Goods caused in instalments without Midland Heart's prior written consent. Where it is agreed that the Goods are delivered by Purchaser's action or inaction includinginstalments, without limitationthey may be invoiced and paid for separately. However, failure by the Supplier to provide Supplier with adequate delivery instructions deliver any one instalment on time or at all or any other information, applicable defect in an instalment shall entitle Midland Heart to the supply of the Goodsremedies set out in 46.1. If Supplier fails to deliver, or is late Title and risk in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as shall pass to quantity, type and quality, within tenMidland Heart on completion of delivery.

Delivery of Goods. 2.1 All 8.1 The period for delivery shall be the period within which the Goods are supplied Ex Works (Incoterms 2020) Supplierintended to be despatched from Hilti’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of calculated from the date of invoice it the receipt by Hilti of the Buyer’s order or the date of receipt of all necessary information to enable Hilti to manufacture or procure the manufacture of the Goods, whichever shall be deemed to have waived its rights under the Contractlater, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier Buyer shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete take delivery of the Goods within such a period. If no period is stipulated by Xxxxx, then delivery will be such time after receipt of instructions as Xxxxx thinks reasonable. 8.2 Unless agreed otherwise in writing, all times or dates given for delivery of the Goods are given in good faith and time for delivery shall not less than thirty (30) days be of service of that notice on Supplier in accordance with Section 14the essence. Supplier Hilti shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser 8.3 Without prejudice to the warranties in section 12 below, no liability for non-delivery, loss of or damage to the Goods occurring post-delivery or for any claim that the Goods are not in accordance with the Contract will attach to Hilti, unless claims to that effect are notified in writing by the Buyer to Hilti (and in the case of claims for non-delivery, loss or damage with a copy to the carrier if Hilti’s own vehicles have not been used to deliver the Goods): 8.3.1 immediately in case the loss of or damage to the Goods occurred in transit or upon delivery provided that the relevant loss or damage is expressly mentioned on the consignment note; 8.3.2 within 28 days of delivery of the Goods in the case of defective Goods; or 8.3.3 within 7 days of delivery of the Goods for any other noncompliance with the Contract. 8.4 If the Buyer fails to give notice in accordance with section 8.3 above, the Goods shall promptly inspect be deemed to be in all delivered respects in accordance with the Contract and the Buyer shall be deemed to have accepted the Goods and shall notify Supplier in writing be bound to pay for the same accordingly. 8.5 All requests for proof of delivery must be made within a period of 21 days following the date of the invoice. 8.6 If for any issues regarding reason the Buyer is unable to accept delivery of the Goods deliveredat the time when the Goods have been notified as ready for delivery, includingHilti may at its sole discretion store the Goods at the risk and cost of the Buyer and take all reasonable steps to safeguard and insure them at the cost of the Buyer, without limitation, provided that the Buyer shall be immediately informed thereof. 8.7 Hilti shall have the right to make delivery by instalments of such quantities of the Goods and at such intervals as it may decide. Any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and the Buyer shall be bound to quantity, type and quality, within tenaccept further deliveries thereof.

Delivery of Goods. 2.1 All The quantity and type of Goods are supplied Ex Works (as well as terms of their delivery agreed in the Purchase Contract shall always be determining. To assess the compliance with the delivery term, the moment of the Goods delivery to Mergon place of business or premises, or another location agreed in writing, shall always be decisive. Should an FCA delivery be agreed in accordance with Incoterms 2020) Supplier’s premises unless specifically 2010, the Seller shall be obliged to prepare the Goods for transport duly and in a timely manner, considering the agreed time between the Parties, otherwise usual, place of loading and dispatch. If Seller does not do so, Seller shall be held responsible for any loss that may arise to the contrary in any OrderBuyer due to failure to comply with that obligation. Any dates quoted for delivery are approximate only and If the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser Seller fails to take delivery on comply with the date required agreed terms of delivery, Mergon shall be entitled, after a reasonable grace period provided by the Seller, otherwise after 7 days, to withdraw from the Purchase Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier . The Seller shall be entitled to: liable to the Buyer for any loss (a) issue an invoice including but not limited to the extra costs for such Goods; and (b) charge Purchaser procuring the goods from another Supplier, as well as the legal costs), which may arise to him as a result of neglecting the agreed terms. In case the Seller is in default with Delivering the Goods for all additional costs and expenses (includinglonger than 7 days, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier Mergon shall be entitled to resell a contractual penalty of 1% of the agreed price of Goods for each commenced week of delay, however, at most 10% of the agreed price of the total Goods ordered. The contractual penalty clause under this paragraph shall not in any way affect the right of Mergon to compensation for damages and loss, including but not limited exclusively to lost profits, legal costs as well as non-material loss, that may suffer due to Seller´s breaching the obligation to Deliver the Goods duly and on time. The acceptance of delayed delivery or performance does not mean Mergon´s waiver of rights for compensation of loss or payment of a contractual penalty. In this context, the Seller notes that Mergon has a great international reputation and name, in particular, in the field of plastic products and components manufacturing, and that Mergon´s customers are world-renowned companies having long-term contracts with Mergon, which must be fulfilled duly and on time, and for this reason in particular, a seemingly unimportant Seller's delay in the Delivery of the Goods. 2.4 Any right , Works or Services to Mergon can cause quite dramatic consequences that may result, for Mergon, in damage to business relationships with its customers, and therefore the damage and loss on the side of Purchaser Mergon can be of great magnitude. If the Supplier can anticipate difficulties in pre-production or supply of material, or a circumstance hard to reject influence occurs, which will supposedly prevent him from making the Delivery on time and in the agreed quality, he shall be obliged, without undue delay, to notify Mergon and the department that has issued the Purchase Order. The Seller shall be obliged to provide the Buyer with installation instructions together with each type of Goods delivered to the Buyer, which must be comprehensible, complete and correct (if applicable). The Seller shall bear responsibility for any loss of or damage to the Goods and/or terminate until the Contract for late Goods acceptance by the Buyer or a person authorized by Buyer in the place where the Goods are to be delivered under the contract. The Buyer shall be entitled to refuse a partial delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery ordered. The right of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable ownership to the supply delivered Goods, as well as the risk of the Goods. If Supplier fails damage to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited pass to the price Buyer by factual delivery. Force Majeure, accidental operating failures, riots, official measures and other unavoidable or unforeseeable events justify Mergon to withdraw from the contract, fully or partially, should they result in significant reduction of the Mergon´s need to acquire Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 1.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods, the delivery method, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 1.1.2 it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. The Supplier shall deliver, or procure the delivery of, the Goods to the location set out in the TSA or such other location as the parties may agree in writing (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready for delivery. Delivery of the contrary in any OrderGoods shall be completed on the completion of unloading of the Goods at the Delivery Location. Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchaserby: 1.4.1 a Force Majeure Event; 1.4.2 the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods; or 1.4.3 any factor beyond the control of the Supplier, including but not limited to a shortage in the supply of raw materials that form part of the Goods. If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs 1.1 The Supplier shall ensure that: 1.5 and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 2.5 Purchaser . The Supplier shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods deliveredto the extent that such failure is caused by: 4.4.3 a Force Majeure Event; 4.4.4 the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods; or 4.4.5 any factor beyond the control of the Supplier, including, without limitation, as including but not limited to quantity, type and quality, within tena shortage in the supply of raw materials that form part of the Goods.

Delivery of Goods. 2.1 All Unless otherwise agreed between the Parties, the Supplier will deliver the Goods to the Customer to the Customers nominated Delivery Address. The Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically estimated to be available within the estimated timeframe specified in the Order Form or as agreed between the Parties. The Supplier will notify the Customer as soon as possible if the Supplier becomes aware of any delay in the delivery of Goods. If the Supplier delivers the Goods to the contrary in any Order. Any dates quoted for Customer’s nominated Delivery Address, the Customer must make all arrangements necessary to take delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods whenever they are ready tendered for delivery and Purchaser fails in the event that the Customer is unable to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under Goods as arranged then the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall will be entitled to resell charge a reasonable fee for re-delivery. If applicable, the Goods. 2.4 Any right of Purchaser to reject Supplier may deliver the Goods and/or terminate by separate instalments and each separate instalment will incur delivery costs and must be invoiced and paid in accordance with the Contract provisions in these Terms and Conditions. The Supplier’s failure to deliver up the Goods will not entitle either Party to treat the Agreement as repudiated. The Supplier will not be liable for any loss or damage to the Customer resulting from late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay reason (including but not limited to changes to the Customer’s requirements or variations to the Agreement). The Customer shall inspect all Goods upon delivery (or after installation if applicable) and shall, within forty-eight (48) hours from the time of delivery, give notice to the Supplier of any shortfall in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions quantity or any other information, applicable to the supply of defects in the Goods. If the Customer requires the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s liability shall be limited the risks in the Goods pass to the price Customer at the instance when the Supplier (or its agent) first moves the Goods in order to effect the delivery. The Customer indemnifies and shall keep indemnified (to the fullest extent permitted by law) the Supplier and its Personnel from and against all claims and demands in respect of any loss or damage whatsoever and whenever caused to any person whatsoever, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property or to the Goods, delay, financial loss or otherwise arising from the transport of the GoodsGoods to the Customer (except if the loss or damage is caused by the Supplier or its agent’s negligence). 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary location set out in any Order. the Order Acknowledgement or such other location as the parties may agree (Delivery Location) 4.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.4 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept delivery of the Goods within five Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify 4.7 The Supplier in writing of any issues regarding may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed 6.1 Whilst the Seller will use its best endeavours to meet all quoted delivery or consignment dates the Seller shall in no event be liable to the contrary Buyer by reason of delays in delivery caused by any Order. Any reason whatsoever. 6.2 If the Buyer wishes to use its own carrier, delivery of the goods shall be ex-Seller's store and the Buyer shall pay all freight and insurance costs ex-Seller's store and shall indemnify the Seller against all actions, suits, proceedings, claims or demands and all losses, expenses and liabilities, howsoever arising, from the transportation of the Seller's goods delivered ex-Seller's store once delivery has been made by the Seller to the Buyer's carrier. 6.3 In the event of any delay caused by the Buyer or caused by industrial disputes, including strikes and lockouts, circumstances such as fire, war, mobilisation or any other cause beyond the reasonable control of the Seller, the Seller, at its option, may extend the quoted delivery or consignment dates quoted or consign part of an order or suspend consignment during that period of delay or may cancel the order and the Buyer shall not be relieved of its obligation to accept and pay for an order, or any part of an order, in accordance with clause 5, as a result of any such extensions, partial consignments or suspensions. 6.4 The delivery time made known to the Buyer are approximate estimates only and the time of Seller will not be liable for late delivery is not or non-delivery and under no circumstances will the Seller be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the essencegoods. 2.2 6.5 The Seller will be conclusively presumed to have delivered the goods in accordance with this agreement if the goods are delivered to the consignment address, whether or not the Seller obtains a receipt or signed delivery docket for the goods from any person. 6.6 If Goods are ready for delivery cannot be effected, the Seller may store the goods or redeliver the goods to the Buyer and Purchaser fails to take delivery on the date required by Buyer must pay or indemnify the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser Seller for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeincurred. 2.3 If Purchaser fails 6.7 The Seller will not be responsible for any loss or damage to take delivery goods in transit. The Seller will render the Buyer such assistance as may be necessary to press claims on any carrier provided the Buyer must have notified the Seller and the carrier in writing immediately loss or damage is discovered on receipt of goods and must lodge a claim on the carrier within thirty (30) 3 days of the date of invoice it shall be deemed to have waived its rights under receipt of the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodsgoods. 2.4 Any right of Purchaser to reject 6.8 In the Goods and/or terminate the Contract for late delivery event of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier Seller agreeing to complete delivery the return of the Goods within not less than thirty (30) days goods by the Buyer, the goods will be at the Buyer's risk until such time as the goods reach the Sellers' place of service business. The expense of that notice on Supplier in accordance with Section 14. Supplier shall not return will be liable for any delay in delivery of borne by the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the GoodsBuyer. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 11.1 The Supplier shall endeavour to deliver Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in agreed delivery location on the agreed delivery date but any Ordersuch date is approximate only. Any If no dates quoted for are so specified, delivery are approximate only and the shall be within a reasonable time of delivery acceptance of the Order or Quote (as applicable). Time is not of the essenceessence as to the delivery of the Goods and the Supplier is not in any circumstances liable for any delay in delivery, however caused. 2.2 11.2 The Goods may be delivered by the Supplier in advance of the quoted delivery date on giving reasonable notice to the Customer. 11.3 Delivery shall be made during Normal Business Hours (excluding bank or public holidays). The Supplier may levy additional charges for any deliveries made outside such hours at the Customer's request. 11.4 The Customer shall be responsible (at the Customer's cost) for preparing the delivery location for the delivery of the Goods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods. If Goods are ready for the Supplier is prevented from carrying out delivery and Purchaser fails to take delivery or installation on the specified date required by the Contract, or after seven (7) days’ written notice from Supplier where because no such date is specifiedpreparation has been carried out, the Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all may levy additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placecharges to recover its loss arising from this event. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it 11.5 The Customer shall be deemed to have waived accepted the Goods when the Customer has had five (5) days to inspect it after delivery and has not exercised in writing its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier rejection in accordance with Section 14. Clause 12. 11.6 If the Supplier fails to deliver Goods by the relevant delivery date after being given a reasonable opportunity to remedy such delay, except to the extent that such delay is due to a third party for which the Supplier shall not have no liability, its liability shall be liable limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver Goods to the extent that such failure is caused by: (a) a delay in delivery of from the Goods caused by Purchasermanufacturer, third party supplier or other third party; (b) a Force Majeure Event; or (c) the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 11.7 If ten (10) Business Days after the day on which the Supplier fails attempted to deliver, or is late in delivering make delivery of Goods the Customer has not taken delivery of those Goods, Supplierthe Supplier may: (a) store and insure the goods at the Customer’s liability shall be limited expense and risk; or (b) resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods; or charge the Customer for any shortfall below the price of the Goods; or (c) re-arrange delivery provided that the Supplier may charge the Customer for the additional delivery costs incurred. 2.5 Purchaser 11.8 The Supplier may deliver Goods by instalments, which shall promptly inspect all delivered Goods be invoiced and shall notify Supplier in writing paid for separately. The Customer may not cancel an instalment because of any issues regarding delay in delivery or defect in another instalment. 11.9 At the time of delivery, the Customer must check that the quantity of Goods matches the quantity set out on the proof of delivery (“POD”) and that the exterior of the Goods are in good condition. The Customer must then indicate this on the POD and sign the POD accordingly. If an over shipment of the Goods has occurred the Customer must also notify the Supplier as soon as possible and in any event within five (5) Business Days of the delivery. The Customer must not sign the POD “unchecked” or “unexamined” or any such similar wording. 11.10 A signed POD by or on behalf of the Customer shall be conclusive evidence of delivery and (except to the extent that any damage or discrepancy is noted on the POD) that it was received in good order and condition and accordingly no claims shall be bought in respect of the delivery claiming the contrary. 11.11 The Customer must inspect the Goods immediately after delivery is complete. If any Goods are damaged, incorrect or not delivered, includingthe Customer must notify the Supplier within five (5) Business Days of the delivery or expected delivery. For the avoidance of doubt, without limitationthe Customer is still required to notify the Supplier as set out in this Clause 11.11 notwithstanding anything noted by the Customer on the POD. If a POD is required, as to quantity, type and quality, this must be requested within tenfourteen (14) days of the date of the invoice.

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, information applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.3 Delivery of the contrary in any Order. Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept or take delivery of the Goods within 5 Business Days Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the first Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If within 5 Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020a) Supplier’s premises unless specifically agreed Delivery of the goods shall be made by the tenderer to the contrary Hospital's store and in any Order. Any dates quoted for delivery are approximate only and accordance with the time of delivery is not of schedule prescribed by the essenceHospital in the Local Purchase Orders. 2.2 (b) If Goods are ready for delivery and Purchaser fails to take delivery on at any time during the date required by performance of the Contract, the tenderer should encounter conditions impeding timely delivery of the Goods, the tenderer shall promptly notify the Hospital in writing of the fact of the delay, its likely duration, and its causes. On receipt of the tenderer's notice, the Hospital shall evaluate the situation and may at its discretion extend the tender's time for delivery with or after seven (7) days’ written notice from Supplier where no such date is specifiedwithout liquidated damages, Supplier in which case the extension shall be entitled to: ratified by the Hospital by amendment of the Local Purchase Order. However, if such dalliance leads the Hospital to procure the same items from other sources the tenderer shall be liable to the Hospital for any excess cost incurred for such similar goods and refusal by the tenderer shall lead to termination. (c) Except as provided under the General Conditions of contract, a delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 2.17 unless an extension of time is agreed upon pursuant to paragraph 2 (b) above without application of liquidated damages. (d) Upon delivery of the Goods, the tenderer shall notify the Hospital and forward the following documents to the Hospital: (i) Copies of the supplier invoice showing Goods description, quantity, unit price, total amount, and Local Purchase Order number (LPO). (ii) Delivery note giving details as (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes placeabove. 2.3 If Purchaser fails to take delivery within thirty (30iii) days Certificate of Origin (where applicable). The Hospital with the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery arrival of the Goods shall receive the above documents, and if not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of received, the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not will be liable rejected, and the tenderer will be responsible for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsconsequent expenses. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 6.1 All Goods deliveries are supplied Ex Works made Delivered Duty Paid (DDP) in accordance with the ICC Incoterms 2020) (latest version), in the manner and at the exact place and time stated in the Agreement. 6.2 The Supplier is obliged to notify PVO, immediately and in writing, of any delay or foreseeable delay in the implementation of the Agreement, stating the grounds and expected duration of the delay, as well as the measures proposed by the Supplier to prevent or limit the delay as much as possible. Nevertheless, the mere fact of overstepping a deadline shall constitute a default on the part of the Supplier’s premises unless specifically , without requiring any further notice of default. 6.3 Unless otherwise agreed to in writing, the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery Supplier is not entitled to make partial deliveries. If the execution of partial deliveries has been agreed, delivery is, for the essencepurposes of these GPTC, also deemed to include a partial delivery. 2.2 6.4 If Goods are ready for delivery and Purchaser the Supplier fails to take fulfil its delivery on the date required by the Contractobligations vis-à-vis PVO, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contractfulfil these obligations in time, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier PVO shall be entitled to resell have the Goodsgoods delivered by a third party. In that case, PVO shall first allow the Supplier a reasonable period of time to fulfil its obligations after all. In urgent cases, PVO shall be entitled, even before expiry of the allowed period of time, to take all measures as PVO deems necessary, all this without prejudiced to the right of PVO to claim damages. 2.4 Any 6.5 The Supplier is responsible for the timely availability of dispatch notices, complete packing lists or packing slips, delivery notes, customs forms, et cetera. 6.6 If goods have not been delivered within the agreed-upon term at the agreed-upon place, the Supplier shall owe PVO, without requiring any notice or other prior notification, an immediately payable penalty amounting to 2% of the purchase price (exclusive of VAT), increased by a penalty of 0.5% of the purchase price for each calendar day that the Supplier is in default, subject to a maximum of 20% of the purchase price (exclusive of VAT). If the delivery has become definitively impossible, the penalty of 20% of the purchase price shall be immediately payable in full. 6.7 The penalty shall accrue to PVO regardless of any other rights or claims, including but not limited to: (a) PVO’s claim to demand performance of the obligation to deliver goods in compliance with the Agreement; (b) PVO’s right to dissolve the Agreement in whole or in part; (c) PVO’s right to damages. 6.8 PVO has the right to offset the penalty against the payments payable by PVO, regardless of Purchaser whether the claim for payment has passed to reject a third party. 6.9 PVO is at all times entitled to inspect the Goods and/or terminate goods delivered and, in the Contract for late event of evidence ofdeviations from the Agreement or purchase order, to refuse delivery of the Goods goods (“rejection”). The Supplier is obliged to forthwith render its full cooperation to the inspection. The Supplier cannot derive any rights from the results of an inspection, or from non-occurrence of an inspection. 6.10 In the event of rejection, PVO shall not be exercisable unless Purchaser has first served written notice on notify the Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14rejection. Supplier PVO shall not be liable for any delay in delivery of store the Goods caused by Purchaser's action rejected goods, or inaction includinghave the rejected goods stored, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to at the supply of the GoodsSupplier’s expense and risk. If the Supplier fails to deliver, or is late in delivering has not taken back the Goods, Supplier’s liability shall be limited to goods within a period of 14 days after PVO has informed the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding that the Goods deliveredgoods delivered have been rejected, includingPVO shall be entitled to send the goods back to the Supplier at the Supplier’s expense and risk, without limitationrequiring the Supplier’s approval. If the Supplier refuses to accept the goods, as PVO shall be entitled to quantitystore, type sell, or destroy the goods at the Supplier’s expense and qualityrisk. Any reasonable costs incurred by PVO under this clause 6.10, within tenwill be forthwith reimbursed by Supplier.

Delivery of Goods. 2.1 All 4.1 The Supplier shall ensure that: (a) the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their destination in good and undamaged condition; (Incoterms 2020b) Supplier’s premises unless specifically agreed each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (if one is assigned), the type and quantity of the Goods (including the code number of the Goods (where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) it states clearly on the delivery note any requirement for BRE to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only and be returned to the time of delivery is not Supplier at the cost of the essenceSupplier. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery 4.2 The Supplier shall deliver the Goods: (a) on the date required by specified in the ContractOrder or, or after seven (7) days’ written notice from Supplier where if no such date is specified, Supplier specified time shall be entitled to: (a) issue an invoice for such Goods; of the essence and the Supplier must deliver the goods as soon as possible; (b) charge Purchaser for all additional costs and expenses to BRE's premises at Bucknall’s Lane, Garston, Watford, Hertfordshire, WD25 9NH or such other location as is set out in the Order or as instructed by BRE before delivery (includingDelivery Location); and (c) during BRE's normal hours of delivery (08:30 -16:15) on a Business Day, without limitation, warehousing and insurance) until delivery takes placeor as instructed by BRE. 2.3 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If Purchaser the Supplier fails to take delivery within thirty (30) days of deliver the date of invoice it full and complete order BRE may reject the Goods and any rejected Goods shall be deemed to have waived its rights under returnable at the ContractSupplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and without prejudice to any other right that Supplier may have against PurchaserBRE accepts the delivery, including the right to recover the purchase price in full, Supplier shall be entitled make a pro rata adjustment to resell the invoice for the Goods. 2.4 Any right of Purchaser to reject 4.5 The Supplier shall not deliver the Goods and/or terminate in instalments without BRE's prior written consent. Where it is agreed that the Contract Goods are delivered by instalments, they may be invoiced and paid for late delivery of separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle BRE to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall not be exercisable unless Purchaser has first served written notice pass to BRE on Supplier requiring Supplier to complete delivery completion of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goodsdelivery. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 8.1 The period for delivery shall be the period within which the Goods are supplied Ex Works (Incoterms 2020) Supplierintended to be despatched from Oglaend’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of calculated from the date of invoice it the receipt by Xxxxxxx of the Buyer’s order or the date of receipt of all necessary information to enable Oglaend to manufacture or procure the manufacture of the Goods, whichever shall be deemed to have waived its rights under the Contractlater, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier Buyer shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete take delivery of the Goods within such a period. If no period is stipulated by Xxxxxxx, then delivery will be such time after receipt of instructions as Xxxxxxx thinks reasonable. 8.2 Unless agreed otherwise in writing, all times or dates given for delivery of the Goods are given in good faith and time for delivery shall not less than thirty (30) days be of service of that notice on Supplier in accordance with Section 14the essence. Supplier Oglaend shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser 8.3 Without prejudice to the warranties in section 12 below, no liability for non-delivery, loss of or damage to the Goods occurring post- delivery or for any claim that the Goods are not in accordance with the Contract will attach to Oglaend, unless claims to that effect are notified in writing by the Buyer to Oglaend (and in the case of claims for non-delivery, loss or damage with a copy to the carrier if Oglaend’s own vehicles have not been used to deliver the Goods): 8.3.1 immediately in case the loss of or damage to the Goods occurred in transit or upon delivery provided that the relevant loss or damage is expressly mentioned on the consignment note; 8.3.2 within 28 days of delivery of the Goods in the case of defective Goods; or 8.3.3 within 7 days of delivery of the Goods for any other noncompliance with the Contract. 8.4 If the Buyer fails to give notice in accordance with section 8.3 above, the Goods shall promptly inspect be deemed to be in all delivered respects in accordance with the Contract and the Buyer shall be deemed to have accepted the Goods and shall notify Supplier in writing be bound to pay for the same accordingly. 8.5 All requests for proof of delivery must be made within a period of 21 days following the date of the invoice. 8.6 If for any issues regarding reason the Buyer is unable to accept delivery of the Goods deliveredat the time when the Goods have been notified as ready for delivery, includingOglaend may at its sole discretion store the Goods at the risk and cost of the Buyer and take all reasonable steps to safeguard and insure them at the cost of the Buyer, without limitation, provided that the Buyer shall be immediately informed thereof. 8.7 Oglaend shall have the right to make delivery by instalments of such quantities of the Goods and at such intervals as it may decide. Any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and the Buyer shall be bound to quantity, type and quality, within tenaccept further deliveries thereof.

Delivery of Goods. 2.1 All The quantity and type of Goods are supplied Ex Works (as well as terms of their delivery agreed in the Purchase Contract shall always be determined. To assess the compliance with the delivery term, the moment of the Goods delivery to Mergon place of business or premises, or another location agreed in writing, shall always be decisive. Should an FCA delivery be agreed in accordance with Incoterms 2020) Supplier’s premises unless specifically 2010, the Seller shall be obliged to prepare the Goods for transport duly and in a timely manner, considering the agreed time between the Parties, otherwise usual, place of loading and dispatch. If Seller does not do so, Seller shall be held responsible for any loss that may arise to the contrary in any OrderBuyer due to failure to comply with that obligation. Any dates quoted for delivery are approximate only and If the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser Seller fails to take delivery on comply with the date required agreed terms of delivery, Mergon shall be entitled, after a reasonable grace period provided by the Seller, otherwise after 7 days, to withdraw from the Purchase Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier . The Seller shall be entitled to: liable to the Buyer for any loss (a) issue an invoice including but not limited to the extra costs for such Goods; and (b) charge Purchaser procuring the goods from another Supplier, as well as the legal costs), which may arise to him as a result of neglecting the agreed terms. In case the Seller is in default with Delivering the Goods for all additional costs and expenses (includinglonger than 7 days, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier Mergon shall be entitled to resell a contractual penalty of 1% of the agreed price of Goods for each commenced week of delay, however, at most 10% of the agreed price of the total Goods ordered. The contractual penalty clause under this paragraph shall not in any way affect the right of Mergon to compensation for damages and loss, including but not limited exclusively to lost profits, legal costs as well as non-material loss, that may suffer due to Seller´s breaching the obligation to Deliver the Goods duly and on time. The acceptance of delayed delivery or performance does not mean Mergon´s waiver of rights for compensation of loss or payment of a contractual penalty. In this context, the Seller notes that Mergon has a great international reputation and name, in particular, in the field of plastic products and components manufacturing, and that Mergon´s customers are world-renowned companies having long-term contracts with Mergon, which must be fulfilled duly and on time, and for this reason in particular, a seemingly unimportant Seller's delay in the Delivery of the Goods. 2.4 Any right , Works or Services to Mergon can cause quite dramatic consequences that may result, for Mergon, in damage to business relationships with its customers, and therefore the damage and loss on the side of Purchaser Mergon can be of great magnitude. If the Supplier can anticipate difficulties in pre-production or supply of material, or a circumstance hard to reject influence occurs, which will supposedly prevent him from making the Delivery on time and in the agreed quality, he shall be obliged, without undue delay, to notify Mergon and the department that has issued the Purchase Order. The Seller shall be obliged to provide the Buyer with installation instructions together with each type of Goods delivered to the Buyer, which must be comprehensible, complete and correct (if applicable). The Seller shall bear responsibility for any loss of or damage to the Goods and/or terminate until the Contract for late Goods acceptance by the Buyer or a person authorized by Buyer in the place where the Goods are to be delivered under the contract. The Buyer shall be entitled to refuse a partial delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery ordered. The right of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable ownership to the supply delivered Goods, as well as the risk of the Goods. If Supplier fails damage to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited pass to the price Buyer by factual delivery. Force Majeure, accidental operating failures, riots, official measures and other unavoidable or unforeseeable events justify Mergon to withdraw from the contract, fully or partially, should they result in significant reduction of the Mergon´s need to acquire Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 6.1 Delivery (“Delivery”) of the Goods are supplied Ex Works is taken to occur at the time that ITJEDI (Incoterms 2020or ITJEDI’s nominated carrier) Supplier’s premises unless specifically agreed delivers the Goods to the contrary in any Order. Any dates quoted for delivery are approximate only and Client’s nominated address even if the time of delivery Client is not of present at the essenceaddress. 2.2 If 6.2 At ITJEDI’s sole discretion the cost of Delivery is in included in the Charges. 6.3 ITJEDI may deliver the Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier in separate instalments. Each separate instalment shall be entitled to: invoiced and paid in accordance with the provisions in these terms and conditions. 6.4 The Client shall ensure that ITJEDI has clear and free access to the site at all times to deliver the Goods. 6.5 The Client acknowledges and accepts that: (a) issue an invoice for such GoodsITJEDI’s driver may assist with unloading only; and and (b) where access and labour are not available then ITJEDI at their discretion may charge Purchaser a handling fee which be shown as a variation on the invoice; and (c) ITJEDI shall not be liable for all additional costs and expenses any loss or damage to the site (including, without limitation, warehousing damage to pathways, driveways and insuranceconcreted or paved or grassed areas) until delivery takes placeunless due to the negligence of ITJEDI. 2.3 If Purchaser fails 6.6 In the event that the Goods are to take delivery within thirty (30) days of be installed by ITJEDI the date of invoice it shall be deemed Client agrees to have waived its rights under make the Contractpremises, and without prejudice access thereto, available immediately upon request by ITJEDI. It is the Client’s responsibility to any other right that Supplier may provide electricity and have against Purchaser, including a clear and safe area for the right to recover the purchase price in full, Supplier shall be entitled to resell the Goodspurposes of installation. 2.4 6.7 Any right of Purchaser to reject the Goods and/or terminate the Contract time specified by ITJEDI for late delivery Delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall is an estimate only and ITJEDI will not be liable for any delay in delivery loss or damage incurred by the Client as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods caused by Purchaser's to be delivered at the time and place as was arranged between both parties. In the event that ITJEDI is unable to supply the Goods as agreed solely due to any action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliverClient, or is late in delivering the Goods, Supplier’s liability then ITJEDI shall be limited entitled to the price of the Goodscharge a reasonable fee for redelivery and/or storage. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 5.1 The Supplier shall ensure that: 5.1.1 the Goods are supplied Ex Works properly packed and secured in such manner as to enable them to reach their final destination in good condition without damage or deterioration and in compliance with any special requirements set out in the Purchase Order; 5.1.2 each delivery of the Goods is accompanied by the Documentation and a delivery note which shows the date of the Purchase Order, the Purchase Order number (Incoterms 2020if any), the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (where applicable) Supplier’s premises unless specifically agreed and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; 5.1.3 it states clearly on the delivery note any requirement for the Commission to return any packaging material for the Goods to the contrary in any OrderSupplier. Any dates quoted for delivery are approximate such packaging material shall only be returned to the Supplier at the cost and the time of delivery is not risk of the essenceSupplier. In the absence of any such note, packaging material shall be considered non-returnable and may be destroyed, reused or recycled by the Commission; and 5.1.4 if the Goods are damaged in transit, the Supplier shall, free of charge either replace or repair (as the Commission shall elect) the damaged Goods within 30 days of the Commission notifying the Supplier of the damage. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery 5.2 The Supplier shall deliver the Goods: 5.2.1 on the date required by specified in the ContractPurchase Order, or after seven (7) days’ written notice from Supplier where or, if no such date is specified, Supplier shall on such date as may be entitled to: agreed between the parties; 5.2.2 to the Premises or such other location specified in the Purchase Order or as instructed by the Commission prior to delivery (a) issue an invoice for such Goods"Delivery Location"); and (b) charge Purchaser for all additional costs and expenses (includingand 5.2.3 during the Commission's normal business hours on a Business Day, without limitation, warehousing and insurance) until delivery takes placeor as otherwise instructed by the Commission. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery 5.3 Delivery of the Goods shall not be exercisable unless Purchaser has first served written notice completed on Supplier requiring Supplier to complete delivery the completion of unloading the Goods within not less than thirty from the transporting vehicle at the Delivery Location (30including off-loading and stacking) days of service of that notice on Supplier in accordance with Section 14. and the Commission signing for the delivery. 5.4 The Supplier shall not deliver the Goods in instalments without the Commission's prior written consent. Where it is agreed that the Goods may be liable delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any delay one instalment on time or at all or any defect in an instalment shall entitle the Commission to the remedies set out in clause 8.1. 5.5 Title and risk in the Goods shall pass to the Commission on completion of the delivery. 5.6 The Supplier shall provide the Commission with periodic updates regarding the progress of the Purchase Order and delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If the Supplier fails considers or becomes aware that it will be unable to deliverdeliver Goods by on the date specified in the Purchase Order, or is late in delivering notwithstanding the Goods, Supplier’s liability shall be limited remedies available to the price Commission in clause 8.1, the Supplier shall notify the Commission immediately in writing and, at the Supplier's cost, use expedited means of delivery to deliver the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

Delivery of Goods. 2.1 All 24.1 The Supplier shall ensure that each delivery of the Goods are supplied Ex Works is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (Incoterms 2020) Supplier’s premises unless specifically agreed including the code number of the Goods, where applicable). 24.2 The Supplier shall deliver the Goods to the contrary location set out in any Order. the Order or such other location as the parties may agree (Delivery Location). 24.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 24.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods or any failure to deliver the Goods on the date quoted by the Supplier. 24.5 Goods are delivered on normal Supplier delivery schedules. The Supplier will endeavour, but shall be under no obligation, to meet requests for specific delivery times outside of these schedules, but an additional charge may apply. The Customer will be advised of the Supplier's ability to meet any specific delivery time within [2] Business Days of the date on which an Order is made in accordance with clause 19.1. 24.6 If the Customer fails to accept or take delivery of the Goods within 3 Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by Purchasera Force Majeure Event or by the Supplier's action or inaction including, without limitation, failure to provide Supplier comply with adequate delivery instructions or any other information, applicable to its obligations under the supply Contract in respect of the Goods. If : 24.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourth Business Day following the day on which the Supplier fails to deliver, or is late in delivering notified the Customer that the Goods were ready; and 24.6.2 the Supplier shall store the Goods, Supplier’s liability and the Customer shall be limited to liable for all related costs and expenses (including any storage and transport costs and insurance). 24.7 If ten Business Days after the price Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods. 2.5 Purchaser 24.8 The Customer shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding not be entitled to reject the Goods if the Supplier delivers more or less than the quantity of Goods specified in the Order, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered, includingsuch notice to be delivered within two Business Days from the date of delivery of the Goods. 24.9 The Supplier may, without limitationat its sole option, as deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 4.1 XXXXX shall ensure that each delivery of Goods is accompanied by a delivery note which shows the date of the Order and all relevant Customer and Supplier reference numbers, the type and quantity of the Goods, special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 The Customer shall collect the Goods from ERWIN' premises at 00, Xxxxx Xxxxxx Xxxx, Xxxxxxx, XX00 0XX, Xxxxxx Antrim or such other location as may be agreed with the Customer before delivery (the "Delivery Location") within 14 days of Xxxxx notifying the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplierready. 4.3 Delivery of the Goods shall be completed when the Supplier places the Order at the Customer’s premises unless specifically agreed to disposal at the contrary in any Order. Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier XXXXX shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide Supplier XXXXX with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.5 XXXXX will, at the request and expense of the Customer endeavour to arrange on behalf of the Customer for the carriage of Goods to any destination named by the Customer on the Order, provided that such carriage shall be at the sole risk of the Customer and the Customer pays to XXXXX, in advance the cost of such carriage and further provided that, in the case of export outside the UK, the provisions of clause 19 shall apply. 4.6 The property in Goods shall not pass and XXXXX shall retain the right of disposal until delivery of the Goods to the Customer or until payment of all charges due to the Company in connection therewith whichever is the later. 4.7 If Supplier XXXXX fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. XXXXX shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide XXXXX with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.8 If the Customer fails to take delivery of the Goods within 14 days of XXXXX notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by XXXXX' failure to comply with its obligations under the Contract in respect of the Goods: 4.8.1 Delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourteenth day following the day on which XXXXX notified the Customer that the Goods were ready; and 4.8.2 XXXXX shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including interest & insurance). 4.9 If two weeks after XXXXX notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, XXXXX may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding 4.10 XXXXX may deliver the Goods deliveredby instalments, including, without limitation, as which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to quantity, type and quality, within tencancel any other instalment. 4.11 Delays in the delivery of an Order shall not entitle the Customer to: 4.11.1 refuse to take delivery of the Order; or 4.11.2 claim damages; or 4.11.3 terminate this Agreement.

Delivery of Goods. 2.1 All 27.1 JET will ensure that each delivery of the Goods is accompanied by a delivery note which shows all relevant Customer and JET reference numbers, the type and quantity of the Goods and, if the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 27.2 JET will deliver the Goods to the contrary location set out in the Commercial Details or such other location as the parties may agree (Delivery Location) at any Order. time after JET notifies the Customer that the Goods are ready. 27.3 Delivery of the Goods will be completed on the completion of unloading of the Goods at the Delivery Location. 27.4 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall JET will not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide Supplier JET with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 27.5 If Supplier JET fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall will be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. JET will have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide JET with adequate delivery instructions for the Goods or any relevant instruction, material or Customer Content related to the supply of the Goods in sufficient time to allow JET to reasonably deliver the Goods in accordance with this Contract. 27.6 If the Customer fails to accept delivery of the Goods, then except where such failure or delay is caused by a Force Majeure Event or by JET's failure to comply with its obligations under the Contract in respect of the Goods: 27.6.1 delivery of the Goods will be deemed to have been completed at the time that JET attempted delivery; and 27.6.2 JET will store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 27.7 If 10 Business Days after the later of: 27.7.1 the day on which JET notified the Customer that the Goods were ready for delivery; and 27.7.2 the day on which XXX attempted delivery of the Goods, the Customer has not accepted delivery of them, JET may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered 27.8 If JET delivers up to and including 2% more or less than the quantity of Goods and shall notify Supplier in writing ordered the Customer may not reject them, but on receipt of any issues regarding notice from the Customer that the wrong quantity of Goods was delivered, JET will make a pro rata adjustment to the invoice for the Goods. 27.9 JET may deliver the Goods deliveredby instalments, including, without limitation, as which will be invoiced and paid for separately. Each instalment will constitute a separate contract. Any delay in delivery or defect in an instalment will not entitle the Customer to quantity, type and quality, within tencancel any other instalment.

Delivery of Goods. 2.1 All 5.1 We will deliver the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary location set out in the Purchase Order ("Delivery Location"). 5.2 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any Orderother instalment. 5.3 Delivery of the Goods shall be completed once they have been unloaded at the Delivery Location. If it is not possible for us to deliver the Goods for reasons other than a Force Majeure Event or our breach of the Contract then: 5.3.1 we shall promptly notify you of that fact (a "Missed Delivery Notice"); and 5.3.2 delivery shall be deemed to have been completed at 10am on the next Business Day following the day on which delivery was attempted, and you shall be responsible for: 5.3.3 reimbursing, on an indemnity basis, our postage, handling and storage costs reasonably incurred as a result of the failed delivery; and 5.3.4 arranging, at your cost, the collection or redelivery of the Goods from their location. 5.4 After 10 days from the date of the Missed Delivery Notice we may resell or otherwise dispose of part or all of the Goods. After deducting storage and selling costs (and the parties hereby agree that 25% of the purchase price of such goods (exclusive of VAT) shall be a reasonable pre- estimation of such costs) we will charge you for any shortfall below the price of the Goods. If we are unable to resell the Goods within 30 days of the date of the Missed Delivery Notice then we will raise an invoice for, and you will pay us in accordance with clause 10.6, the full price of the unsold Goods. 5.5 Any dates quoted for delivery of the Goods are approximate only and the time of delivery is not of the essence. 2.2 If Goods . We are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods which is caused by Purchaser's action a Force Majeure Event or inaction including, without limitation, your failure to provide Supplier us with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 5.6 If Supplier fails we fail to deliver, or is late in delivering deliver the Goods, Supplier’s our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 2.5 Purchaser . We shall promptly inspect all delivered Goods and shall notify Supplier in writing of have no liability for any issues regarding failure to deliver the Goods delivered, including, without limitation, as to quantity, type and quality, within tenthe extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

Delivery of Goods. 2.1 All 7.1 The Seller shall ensure that each delivery of the Goods are supplied Ex Works is accompanied by a delivery note which shows the date of the order, all relevant Buyer and the Seller reference numbers, the type and quantity of the Goods (Incoterms 2020including the code number of the Goods, where applicable) Supplier’s premises unless specifically agreed and special storage instructions (if any). 7.2 The Seller shall deliver the Goods to the contrary in any Order. Delivery Address. 7.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Address. 7.4 Any dates quoted for delivery including the Target Delivery Date specified in the Specification Schedule are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier The Seller shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Buyer's action or inaction including, without limitation, failure to provide Supplier the Seller with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 7.5 If Supplier the Seller fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the price costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available. 7.6 If the Buyer fails to accept delivery of the GoodsGoods within five Business Days of the Seller notifying the Buyer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Seller's failure to comply with its obligations under the Contract and without affecting any other rights of the Seller: 7.6.1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day after the day on which the Seller notified the Buyer that the Goods were ready; and reserves the right either to: 7.6.2. invoice for the goods dated on the fifth day and payment shall be made 30 days from the date of the invoice unless otherwise agreed and stated on the Specification Schedules or 7.6.3. store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance). 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding 7.7 The Seller may deliver the Goods deliveredby instalments, includingwhich shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment. The Seller shall be entitled to suspend delivery of subsequent instalments where payment for any instalment of Goods already delivered is overdue. If the Seller suspends delivery under this clause the Target Delivery Dates for any Goods not yet delivered shall be extended by an amount not less than the suspension period and to the next Business Day. 7.8 Any delivery or consignment notes shall be safely retained and handed over to the Seller at the earliest reasonably possible time. Any apparent damage to any Goods so delivered must be noted on the delivery note, without limitation, and the Seller must be informed within 48 hours of the delivery time. 7.9 If the Buyer fails to take delivery of the Goods or to notify the Seller of damaged items in accordance with clause 8 the Seller reserves the right to charge the Buyer for any additional costs which it may incur as to quantity, type and quality, within tena result.

Delivery of Goods. 2.1 All 4.1 The Supplier shall deliver the Goods to the location set out in the Order Form or such other location as the parties may agree (Delivery Location) on the Installation Date or at any time after the Supplier notifies the Customer that the Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to ready. 4.2 Delivery of the contrary in any Order. Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.3 Any dates quoted for delivery of the Goods are approximate only only, and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by Purchasera Force Majeure Event or the Customer's action or inaction including, without limitation, failure to provide the Supplier with adequate delivery instructions or any other information, applicable instructions that are relevant to the supply of the Goods. . 4.4 If the Supplier fails to deliver, or is late in delivering deliver the Goods, Supplier’s its liability shall be limited to the reasonable costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Agreement in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If, ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten