Common use of Delivery Period Clause in Contracts

Delivery Period. 7.1 The delivery period begins after issuance of the order confirmation and when all contractual, technical, and official formalities, such as import, export, transit, and payment permits have been obtained or fulfilled, as the case may be, and the delivery item has been determined. The delivery period shall be deemed to have been observed if the deliverable has been delivered or assembled or installed, as the case may be, at the agreed place by the expiry of this period and if the acceptance can be conducted immediately. Partial deliveries are permitted. 7.2 The delivery period shall be extended for a reasonable time: - if Yunex does not receive in a timely manner the information and materials it requires in order to fulfil the Agreement, or if Customer subsequently requests changes or additions; - if impediments arise that Xxxxx is unable to avert despite exercising due care, regardless of whether these impediments occur at the facility of Yunex, Customer, or a third party. Such impediments include, for example: export and import restrictions, boycott orders of national or supranational organisations, or official acts or omissions; labour conflicts and other disruptions of operations not attributable to Yunex, epidemics, natural phenomena, hacker attacks, and terrorist activities. Should such impediments occur, Yunex shall inform Customer promptly and keep it apprised of the extent and background of the impediments. - if Customer or third parties engaged by it default on performing work or on fulfilling their contractual duties, or if Customer fails to comply with the payment terms. - If Customer has not put the necessary preconditions in place for Yunex’s remote access or if they fail temporarily or entirely; - If the remote access is misused or if risks to the system in question are present. 7.3 In case of delays demonstrably caused by Yunex, Customer has the right to claim compensation for losses resulting from default, provided Customer can prove that it has incurred a loss as a result. If Customer receives a substitute delivery in a timely manner, the aforementioned claim shall not apply. 7.4 As of the end of the second week, the compensation for losses resulting from default shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the delayed portion of the deliverable. 7.5 Once the compensation for losses resulting from default has reached the maximum, Customer may grant Yunex a reasonable final grace period in writing. If Xxxxx fails to comply with this period for reasons attributable to Yunex, Customer has the right to decline acceptance of the late portion of the deliverable. If partial acceptance is financially unreasonable for Customer, Customer has the right to withdraw from the Agreement and to reclaim any prior payments made in exchange for return of the corresponding deliverables. 7.6 As regards late delivery, Customer has no rights or claims other than those expressly specified in this para. 7.

Delivery Period. 7.1 The delivery period begins after issuance of the order confirmation and when all contractual, technical, and official formalities, such as import, export, transit, and payment permits have been obtained or fulfilled, as the case may be, and the delivery item deliverable has been determined. The delivery period shall be deemed to have been observed if the deliverable has been delivered or assembled or installed, as the case may be, at the agreed place by the expiry of this period and if the acceptance can be conducted immediately. Partial deliveries are permitted. 7.2 The delivery period shall be extended for a reasonable time: - if Yunex Siemens Energy does not receive in a timely manner the information and materials it requires in order to fulfil the Agreement, or if Customer subsequently requests changes or additions; - if impediments arise that Xxxxx Siemens Energy is unable to avert despite exercising due care, regardless of whether these impediments occur at the facility of YunexSiemens Energy, Customer, or a third party. Such impediments include, for example: export and import restrictions, boycott orders of national or supranational organisations, or official acts or omissions; labour conflicts and other disruptions of operations not attributable to YunexSiemens Energy, epidemics, natural phenomena, hacker attacks, and terrorist activities. Should such impediments occur, Yunex Siemens Energy shall inform Customer promptly and keep it apprised of the extent and background of the impediments. ; - if Customer or third parties engaged by it default on performing work or on fulfilling their contractual duties, or if Customer fails to comply with the payment terms. ; - If Customer has not put the necessary preconditions in place for YunexSiemens Energy’s remote access or if they fail temporarily or entirely; - If the remote access is misused or if risks to the system in question are present. 7.3 In case of delays demonstrably caused by YunexSiemens Energy, Customer has the right to claim compensation for losses resulting from default, provided Customer can prove that it has incurred a loss as a result. If Customer receives a substitute delivery in a timely manner, the aforementioned claim shall not apply. 7.4 As of the end of the second week, the compensation for losses resulting from default shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the delayed portion of the deliverable. 7.5 Once the compensation for losses resulting from default has reached the maximum, Customer may grant Yunex Siemens Energy a reasonable final grace period in writing. If Xxxxx Siemens Energy fails to comply with this period for reasons attributable to YunexSiemens Energy, Customer has the right to decline acceptance of the late portion of the deliverable. If partial acceptance is financially unreasonable for Customer, Customer has the right to withdraw from the Agreement and to reclaim any prior payments made in exchange for return of the corresponding deliverables. 7.6 As regards late delivery, Customer has no rights or claims other than those expressly specified in this para. 7.