Common use of Delivery of the Equipment Clause in Contracts

Delivery of the Equipment. 8.1 We shall ensure that: 8.1.1 each delivery of the Equipment is accompanied by a delivery note which shows the date of this Agreement, all relevant reference numbers, special storage instructions (if any) and, if the Equipment are being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and 8.1.2 if we require you to return any packaging materials to us, that fact is clearly stated on the delivery note. You must make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense. 8.2 Unless we and you agree otherwise in writing, we shall deliver the Equipment to you at the Delivery Address within the Estimated Lead Time. 8.3 You must ensure that our delivery vehicle is able to access the Delivery Address to deliver the Equipment, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Address or otherwise within the Delivery Address. If you have any concerns in this respect, you must contact us as soon as possible. 8.4 We cannot leave the Equipment at the Delivery Location if you, or someone you have authorised to accept delivery, are not present to accept delivery. Anyone at the Delivery Address will be deemed to be authorised to accept delivery. 8.5 The Estimated Lead Time is approximate only, and the time of delivery is not of the essence. Subject to Clause 13.2, we shall not have any Liability for any delay in delivery of the Equipment that is caused by an Event of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 8.6 If you are not available to take delivery of the Equipment, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery. 8.7 If delivery of the Equipment is delayed by your unreasonable refusal to accept delivery, if you are not at the Delivery Address on the delivery date that we agree with you, if you refuse to sign for the delivery of the Equipment on delivery or if you do not (within one week of our first attempt to deliver the Equipment to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us, including redelivery costs. 8.8 If we fail to deliver the Equipment, our Liability shall be limited (subject to Clause 13.2) to the costs and expenses incurred by you in obtaining replacement Equipment of similar description and quality in the cheapest market available, less the price of the Equipment. 8.9 If, 10 Business Days after we notified you that the Equipment were ready for delivery, you have not taken delivery of them, we may resell or otherwise dispose of part or all of the Equipment. 8.10 We may deliver the Equipment by instalments, which we may invoice and require payment for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. 8.11 Risk in the Equipment shall pass to you on the unloading of the Equipment from our delivery vehicle at the Delivery Address. 8.12 Where the Equipment requires installation, we shall install the Equipment at the Delivery Address. You shall procure that your duly authorised representative shall be present at the installation of the Equipment. Acceptance by such representative of installation shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by us, your duly authorised representative shall sign a receipt confirming such acceptance. 8.13 To facilitate installation where applicable, you shall at your sole expense provide all requisite materials, facilities, access and suitable working conditions to enable installation to be carried out safely and expeditiously.

Delivery of the Equipment. 8.1 We 3.1 In the case where the Designated Location (as defined in Clause 7.1) is within Hong Kong (a “Local Transaction”, otherwise an “International Transaction”), the Equipment shall ensure that:be delivered to the Customer at the Designated Location. In the case of an International Transaction, (i) the Equipment shall be delivered to the Customer at EZU’s address in Hong Kong; (b) EZU shall arrange for carriage of the Equipment to the Designated Location in accordance with the Customer’s shipping instructions or in such other manner as EZU shall think fit; (c) the Customer shall promptly obtain all necessary import licences, clearances and other consents necessary for the import and hiring of the Equipment; and (d) any costs of carriage and insurance so incurred shall be reimbursed by the Customer without any set-off or other withholding whatever and shall be due as and when invoiced by EZU. The carrier shall be deemed to be the Customer’s agent. 8.1.1 each 3.2 The Customer shall inspect the Equipment upon its delivery in the case of a Local Transaction or upon first having a reasonable opportunity of inspecting it in the case of an International Transaction and notify EZU in writing within 48 hours thereafter of any defect in the Equipment. If no such notification is given, it shall be conclusively presumed that the Equipment is complete and in good order and condition and fit for the purpose for which it is required and in every way satisfactory to the Customer and the Customers shall not be entitled to reject the Equipment. 3.3 If the Customer properly rejects the Equipment which is not in accordance with this Agreement, the Customer shall promptly give notice of rejection to EZU and upon demand by EZU promptly return the Equipment to EZU in such manner as EZU shall direct. 3.4 The Equipment shall be delivered on the delivery date shown overleaf (the “Delivery Date”). Any dates quoted for delivery of the Equipment is accompanied by a delivery note which shows the date of this Agreement, all relevant reference numbers, special storage instructions (if any) and, if the Equipment are being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and 8.1.2 if we require you to return any packaging materials to us, that fact is clearly stated on the delivery note. You must make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense. 8.2 Unless we approximate only and you agree otherwise in writing, we shall deliver the Equipment to you at the Delivery Address within the Estimated Lead Time. 8.3 You must ensure that our delivery vehicle is able to access the Delivery Address to deliver the Equipment, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Address or otherwise within the Delivery Address. If you have any concerns in this respect, you must contact us as soon as possible. 8.4 We cannot leave the Equipment at the Delivery Location if you, or someone you have authorised to accept delivery, are not present to accept delivery. Anyone at the Delivery Address will be deemed to be authorised to accept delivery. 8.5 The Estimated Lead Time is approximate only, and the time of delivery is not of the essence. Subject to Clause 13.2, we EZU shall not have any Liability be liable for any delay in delivery of the Equipment that is caused by an Event however caused. Time for delivery shall not be of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant the essence. The Equipment may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the supply of the EquipmentCustomer. 8.6 If you are not available to take delivery of the Equipment, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery. 8.7 If delivery of the Equipment is delayed by your unreasonable refusal to accept delivery, if you are not at the Delivery Address on the delivery date that we agree with you, if you refuse to sign for the delivery of the Equipment on delivery or if you do not (within one week of our first attempt to deliver the Equipment to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us, including redelivery costs. 8.8 If we fail to deliver the Equipment, our Liability shall be limited (subject to Clause 13.2) to the costs and expenses incurred by you in obtaining replacement Equipment of similar description and quality in the cheapest market available, less the price of the Equipment. 8.9 If, 10 Business Days after we notified you that the Equipment were ready for delivery, you have not taken delivery of them, we may resell or otherwise dispose of part or all of the Equipment. 8.10 We may deliver the Equipment by instalments, which we may invoice and require payment for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. 8.11 Risk in the Equipment shall pass to you on the unloading of the Equipment from our delivery vehicle at the Delivery Address. 8.12 Where the Equipment requires installation, we shall install the Equipment at the Delivery Address. You shall procure that your duly authorised representative shall be present at the installation of the Equipment. Acceptance by such representative of installation shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by us, your duly authorised representative shall sign a receipt confirming such acceptance. 8.13 To facilitate installation where applicable, you shall at your sole expense provide all requisite materials, facilities, access and suitable working conditions to enable installation to be carried out safely and expeditiously.

Delivery of the Equipment. 8.1 We shall ensure that: 8.1.1 each delivery 2.1 Delivery of the Equipment is accompanied by shall be within a delivery note which shows the date reasonable time of this Agreement, all relevant reference numbers, special storage instructions (if any) and, if the Equipment are being delivered by instalments, the outstanding balance commencement of Equipment remaining to be delivered; and 8.1.2 if we require you to return any packaging materials to us, that fact is clearly stated work on the delivery notePackage. You must make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense. 8.2 Unless we and you agree otherwise in writing, we shall deliver the Equipment to you at the Delivery Address within the Estimated Lead Time. 8.3 You must ensure that our delivery vehicle is able to access the Delivery Address to deliver the Equipment, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Address or otherwise within the Delivery Address. If you have any concerns in this respect, you must contact us as soon as possible. 8.4 We cannot leave the Equipment at the Delivery Location if you, or someone you have authorised to accept delivery, are not present to accept delivery. Anyone at the Delivery Address will be deemed to be authorised to accept delivery. 8.5 The Estimated Lead Time is approximate only, and the time of delivery is not of the essence. Subject to Clause 13.2, we shall not have any Liability for any delay in delivery of the Equipment that is caused by an Event of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant essence as to the supply delivery of the Equipment. 8.6 If you are not available to take delivery 2.2 The Equipment may be delivered by the Supplier in advance of the Equipment, we may leave instructions quoted delivery date on giving reasonable notice to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take deliverythe Customer. 8.7 If delivery 2.3 Delivery of the Equipment is delayed by your unreasonable refusal to accept delivery, if you are not 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 Delivery Address on Customer's request. 2.4 The Customer shall be responsible (at the Customer's cost) for preparing the delivery date that we agree with you, if you refuse to sign location for the delivery of the Equipment on delivery or if you do not (within one week and for the provision of our first attempt to deliver the Equipment to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable storage fee all necessary access and other costs facilities reasonably incurred by us, including redelivery costs. 8.8 If we fail required to deliver the Equipment. If the Supplier is prevented from carrying out delivery on the specified date because no such preparation has been carried out, our Liability the Supplier may levy additional charges to recover its loss arising from this event. 2.5 The Customer shall be deemed to have accepted the Equipment upon delivery unless it has notified the Supplier within the timescales in paragraph 2.6. 2.6 The Supplier shall be responsible for any: (a) damage to, or shortage in the quantity of, the Equipment, provided that the Customer notifies it to the Supplier within eight days of delivery and that the Equipment has been handled with all due care by the Customer, however the Customer shall be responsible for delivery charges to and from the nominated repair point; or (b) loss in transit of the Equipment, provided that the Customer notifies it to the Supplier within eight days of the proposed delivery date. 2.7 The Supplier shall not in any circumstances be liable for any damage, shortage or non-delivery of Equipment (even if caused by the Supplier's negligence) unless the Customer notifies the Supplier in accordance with paragraph 2.6. 2.8 Any remedy under this paragraph 2 shall be limited (subject to Clause 13.2) to the costs and expenses incurred by you replacement or repair, within a reasonable time, of any Equipment which is proven to the Supplier's satisfaction to have been lost or damaged in obtaining replacement Equipment of similar description and quality in the cheapest market available, less the price of the Equipmenttransit. 8.9 If, 10 Business Days after we notified you that the Equipment were ready for delivery, you have not taken delivery of them, we may resell or otherwise dispose of part or all of the Equipment. 8.10 We may deliver the Equipment by instalments, which we may invoice and require payment for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. 8.11 Risk in the Equipment shall pass to you on the unloading of the Equipment from our delivery vehicle at the Delivery Address. 8.12 Where the Equipment requires installation, we shall install the Equipment at the Delivery Address. You shall procure that your duly authorised representative shall be present at the installation of the Equipment. Acceptance by such representative of installation shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by us, your duly authorised representative shall sign a receipt confirming such acceptance. 8.13 To facilitate installation where applicable, you shall at your sole expense provide all requisite materials, facilities, access and suitable working conditions to enable installation to be carried out safely and expeditiously.