Common use of Delivery Time Clause in Contracts

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment. 7.3. The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment; d) if the supplier has to interrupt or shorten its production processes due to a lack of or a reduced availability of energy sources (e.g. gas, electricity). The supplier shall inform the customer immediately and in writing of such a situation. Any claim by the customer against the supplier for compensation for delay or for compensation for direct and indirect damages due to such a delay shall be excluded. 7.3. The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AGa.s., its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment; d) if the supplier has to interrupt or shorten its production processes due to a lack of or a reduced availability of energy sources (e.g. gas, electricity). The supplier shall inform the customer immediately and in writing of such a situation. Any claim by the customer against the supplier for compensation for delay or for compensation for direct and indirect damages due to such a delay shall be excluded. 7.3. The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG a.s. and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed

Delivery Time. 7.1. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX SABA has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by PLATIT SABA for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT SABA cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplierSABA, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor labour conflicts, late or deficient delivery from suppliers or by subcontractors of raw materials, semi-semi finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment. 7.3. 8.4 The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG SABA and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. . 8.5 Damages for delayed delivery shall not exceedexceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. 8.6 After reaching the maximum liquidated damages for delayed delivery, the customer shall xxxxx XXXX a reasonable extension of time in writing. If such an extension is not observed for reasons within SABA’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.7 In case a specific date is fixed instead of a delivery period, this date shall correspond to the last day of a delivery period; Clauses 8.1 to 8.4 apply by analogy. 8.8 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those expressly stipulated in this Clause 8. This limitation does, however, not apply to unlawful intent or gross negligence on the part of SABA, but does apply to persons employed or appointed by SABA to perform any of her obligations.

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment; d) if the supplier has to interrupt or shorten its production processes due to a lack of or a reduced availability of energy sources (e.g., gas, electricity). The supplier shall inform the customer immediately and in writing of such a situation. Any claim by the customer against the supplier for compensation for delay or for compensation for direct and indirect damages due to such a delay shall be excluded. 7.3. The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit PLATIT AG and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceedexceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant PLATIT a reasonable extension of time in writing. If such an extension is not observed for reasons within PLATIT’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 7.4. Any delay of the supplies or services does not entitle the customer to any rights and claims other than those expressly stipulated in this Clause 7. This limitation does, however, not apply to unlawful intent or gross negligence on the part of the PLATIT AG but does apply to persons employed or appointed by PLATIT to perform any of its obligations.

Delivery Time. 7.1. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX the supplier has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by PLATIT the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT the supplier cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilizationmobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor labour conflicts, late or deficient delivery from suppliers or by subcontractors of raw materials, semi-finished semifinished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment. 7.3. 8.4 The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG supplier and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceedexceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the supplier a reasonable extension of time in writing. If such an extension is not observed for reasons within the supplier’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.5 In case a specific date is fixed instead of a delivery period, this date shall correspond to the last day of a delivery period; Clauses 8.1 to 8.4 apply by analogy. 8.6 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those expressly stipulated in this Clause 8. This limitation does, however, not apply to unlawful intent or gross negligence on the part of the supplier, but does apply to persons employed or appointed by the supplier to perform any of his obligations.

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AGINC, its supplier, the customer or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment; d) if the supplier has to interrupt or shorten its production process due to lack of or a reduced availability of energy sources (e.g. gas, electricity). The supplier shall inform the customer immediately and in writing of such a situation. Any claim by the customer against the supplier for compensation for delay or for compensation for direct and indirect damages due to such a delay shall be excluded. 7.3. The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit AG Inc and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed

Delivery Time. 7.1. The delivery time shall start as soon as the contract is entered into, all official formalities have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time XXXXXX has sent a notice to the customer BUYER informing him that the supplies are ready for dispatch. 7.2. The delivery time shall be reasonably extended: a) if the information required by PLATIT for the performance of the contract is not received in time, or if the customer BUYER subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which PLATIT cannot prevent despite exercising the required care, regardless of whether they affect the PLATIT AG, its supplier, the customer BUYER or a third party. Such hindrances include, but shall not be limited to, pandemics, epidemics, mobilization, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labor conflicts, late or deficient delivery from suppliers or subcontractors of raw materials, semi-finished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer BUYER or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer BUYER fails to observe the terms of payment; d) if the supplier has to interrupt or shorten its production processes due to a lack of or a reduced availability of energy sources (e.g., gas, electricity). The supplier shall inform the BUYER immediately and in writing of such a situation. Any claim by the BUYER against the supplier for compensation for delay or for compensation for direct and indirect damages due to such a delay shall be excluded. 7.3. The customer BUYER shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the Platit PLATIT AG and that the customer BUYER has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customerBUYER, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceedexceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the BUYER shall grant PLATIT a reasonable extension of time in writing. If such an extension is not observed for reasons within PLATIT’s control, the BUYER shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the BUYER, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 7.4. Any delay of the supplies or services does not entitle the BUYER to any rights and claims other than those expressly stipulated in this Clause 7. This limitation does, however, not apply to unlawful intent or gross negligence on the part of the PLATIT AG but does apply to persons employed or appointed by PLATIT to perform any of its obligations.