Common use of Delivery Clause in Contracts

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.

Delivery. The Service Provider goods shall deliver be deemed to be delivered when it has been delivered to or placed at the disposal of the Shipper or its agent in accordance with this Bill of Lading, or when the goods have been delivered to any authority or other party to which, pursuant to the law or regulation applicable at the place of delivery, the goods must be delivered, or such other place at which the Forwarder is entitled to call upon the Shipper to take delivery. The Forwarder shall also be entitled to store the goods at the sole risk of the Shipper, and the Forwarders liability shall cease upon the Forwarders tender/delivery of the Cargo to the appointed warehouse or storage facility. The cost of such storage shall be paid, upon demand, by the Shipper to the Forwarders. If at any time the Carriage under this Bill of Lading is or is likely to be affected by any hindrance or risk of any kind (including the condition of the Goods) not arising from any fault or neglect of the Forwarder or a Subcontractor that cannot be avoided by the exercise of reasonable diligence, the Forwarder may: abandon the Carriage of the Goods under this Bill of Lading and, where reasonably practicable, place the Goods or any part of it at the time(s) Shippers disposal at any place that the Forwarder may deem safe and date(s) specified in the Order Form. Unless otherwise stated in the Order Formconvenient, where the Goods are delivered by the Service Provider, the point of whereupon delivery shall be where deemed to have been made, and the Goods are removed from responsibility of the transporting vehicle at the PremisesForwarder in respect of such Cargo shall cease. Where the Goods are collected by the CustomerIn any event, the point of delivery Forwarder shall be where entitled to full freight under this Bill of Lading and the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery Shipper shall include the unloading, stacking or installation pay any additional costs arising out of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customeraforementioned circumstances.

Delivery. The Service Provider shall deliver the Goods at the time(sa) and date(s) specified in the Order Form. Unless otherwise stated in the Order Formagreed, where the Goods PURCHASER has nominated an address for delivery, the SUPPLIER must deliver the goods to that nominated address. b) The SUPPLIER bears responsibility for unloading goods at the point for delivery nominated by the PURCHASER. c) The PURCHASER will provide adequate and proper facilities for the reception and storage of goods and warrants that those facilities comply with all relevant statutes or regulations, including health and safety regulations, and that all necessary permits and licenses have been obtained for the storage of the goods. d) Where goods are delivered to the nominated, the SUPPLIER shall be deemed to have delivered the goods in accordance with the Agreement if it obtains a receipt or signed delivery docket for the goods from a person authorised to accept the goods on behalf of the PURCHASER. e) If the nominated address is unattended or if delivery cannot otherwise be affected or the goods cannot be dispatched due to any act, matter or thing beyond the control of the SUPPLIER, the SUPPLIER must promptly advise the PURCHASER and deliver the goods in accordance with the directions of the PURCHASER. f) If the parties agree in writing, the SUPPLIER may supply goods and/or services in instalments and these Terms & Conditions of Sale shall apply to each and every supply of goods and/or services. g) The SUPPLIER must deliver the goods by the Service Providerdate for supply of goods and/or services agreed between SUPPLIER and the PURCHASER. h) The SUPPLIER must immediately give written notice to the PURCHASER upon becoming aware that an event may cause a delay to the delivery of goods by the date of supply of goods and/or services. i) Subject to clause 10, the point of delivery shall be where SUPPLIER must compensate the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay PURCHASER for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any reasonable costs or expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated a delay in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice goods and/or services. For the avoidance of doubt delay shall include failure to any other rights or remedies of meet identified Milestones as detailed in the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerpurchase order.

Delivery. The Service Provider Supplier shall ensure that: the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; and 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 it is available at the request of the Customer outside normal business hours, in order to address the requirements of any emergency in a timely fashion. The Supplier shall deliver the ordered Goods at to the time(s) and date(s) location as specified in the applicable Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected or as instructed by the Customer, . The Supplier shall deliver the point of delivery ordered Goods [on the date specified in the applicable Order / in accordance with the lead times specified in Schedule 1] [select applicable wording] or as instructed by the Customer. Delivery shall be where the Goods are loaded on to made during the Customer’s vehicleusual business hours unless otherwise agreed. Except where otherwise provided in the Contract, delivery Time shall include the unloading, stacking or installation be of the Goods by essence in respect of this Clause 8. If the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Supplier fails to deliver the Goods within comply with the time specified requirement referred to in Clause 8.5 the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either caseCustomer, without prejudice to any its other rights and remedies of under the Customer. The Customer Contract, shall be under no obligation to accept or pay for make payment in respect of any Goods supplied in excess which are not accepted. [Option 1: Delivery of the quantity ordered. If Goods shall take place on the Customer elects not to accept such over-delivered completion of the physical transfer of the Goods it shall give notice in writing to from the Service Provider to remove them within five (5) working days and to refund Supplier or its agents to the Customer any expenses incurred by it or its agents at the delivery address as a result of such over-delivery (including but not limited set out in the Order. Title and risk in the goods will pass to the costs Customer on completion of moving and storing delivery of the Goods).] [Option 2: Delivery and transfer of title and risk in the Goods (including, failing which without limitation, the risk of deterioration in transit) shall pass to the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain accordance with the Service Provider unless they are relevant provision of Incoterms identified in the Purchase Order Form.] The Customer shall not be deemed to have accepted any Goods until the Customer has had reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent. Signature of a delivery note shall not constitute or imply acceptance by the Customer. [Option 1: The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to return to the Supplier any packaging or packing materials for the Goods, whether or not any Goods are accepted by the Customer.] OR [Option 2: The Supplier shall specify in the delivery note if packaging or packing materials are required to be returned. All packaging and packing materials shall be returned at the cost of the Supplier.] Where the Order is for Goods which are time sensitive or perishable, [Schedule 3 (Payment Terms) / the Purchase Order Form] shall include appropriate consequences for delay. [Delete entire clause if not applicable, or else amend as required. Any financial consequences for breach (e.g. liquidated damages) should be proportionate to the customer’s legitimate business interest so that the liquidated damages will not be deemed to be a penalty] Customer Remedies If the Goods are not delivered in accordance with the applicable Contract or if following inspection or testing the Customer considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at Clause 7.2, whether or not it has accepted, acknowledged receipt or paid for the Goods, the Customer may exercise any one or more of the following remedies: to terminate the Agreement or the applicable Contract; to reject the Goods (in whole or in part); to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; to recover from the Supplier any costs incurred by instalmentsthe Customer in obtaining substitute goods from a third party; and to claim damages for any other costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to carry out its obligations under the Contract including storage costs. If any Goods are so rejected, the property and risk shall immediately revert to the Supplier and the Supplier shall arrange for and bear the risk and expenses associated with the destruction or return of the rejected Goods. Warranties The Supplier warrants to the Customer specifies that: it has all authorisations from all relevant third parties to enable it to supply the Goods without infringing any applicable law, regulation, code or agrees practice or any third party’s rights and has all necessary internal authorisations to delivery by instalments, delivery approve the execution and performance under the Agreement and/or any Contract and will produce evidence of that action to the Customer on its request; it will ensure that the Customer is made aware of all relevant requirements of any instalment later than applicable law, regulation or code of practice which applies or is relevant to the date supply of the Goods to the Customer; information in written or electronic format supplied by, or on behalf of, the Supplier to the Customer at any stage during the tender process, the negotiation process, the due diligence process or the term of the Agreement was complete and accurate in all material respects at the time it was supplied, and any amendments or changes to the previously supplied information will be provided to the Customer without delay; the Supplier, and all of its directors, officers, employees, affiliates, agents, suppliers and subcontractors, are not themselves, and are not or owned or controlled by any party that is, targeted by any Sanctions and Export Control Laws; and the Supplier is not aware of, and does not have any reason to suspect, any breach of Clause 12, and it is not aware and does not have any reason to suspect that performance of this Contract would put either party at risk of breaching any Sanctions and Export Control Laws; it will not and will procure that none of its employees will accept any commission, gift, inducement or other financial benefit from any supplier or potential supplier of the Customer; and none of its directors or officers or any of the employees of the Supplier has any interest in any other supplier or potential supplier of the Customer or is a party to, or are otherwise interested in, any other transaction or arrangement with the Customer. In case of any situation constituting or likely to lead to a breach of a warranty in Clause 10.1 during the term of the Agreement, the Supplier shall: notify the Customer in writing and without delay of such breach; and take all necessary steps to rectify this situation including replacement of the relevant Goods where appropriate. The Customer reserves the right to verify that the measures taken are appropriate and to request additional steps are taken within a specified or agreed for its delivery shall, time period. Failure to implement the requested measures may lead to the termination of the Agreement and/or any Contract. These rights are without prejudice to any other the Customer’s rights in Clause 19. Key contacts and service reviews The relevant contacts are as follows: Customer Contact Supplier Contact First contact Name: [**] Title: [**] Email address: [**] Tel: [**] Name: [**] Title: [**] Email address: [**] Tel: [**] Second contract Name: [**] Title: [**] Email address: [**] Tel: [**] Name: [**] Title: [**] Email address: [**] Tel: [**] Purchase Order Forms may only be issued by a person named in this Agreement as a Customer Contact [or remedies identified to the Supplier as an authorised delegate in writing / in Schedule 3.] [Include optional wording if applicable and amend] The Customer reserves the right to conduct a formal review of the Customer, entitle the Customer to terminate the whole of any unfulfilled part Agreement after 12 months. The Parties shall carry out regular reviews of the Contract without further liability to Agreement every [insert frequency of review meetings] months or as otherwise agreed. The review meetings shall comprise the CustomerContacts named in this Clause 11.

Delivery. The Service Provider a. Any dates quoted for delivery of the Products are approximate only and WG shall deliver not be liable for any delay in delivery of the Goods at Products however caused. Time for delivery shall not be of the time(s) and date(s) specified essence of any Contract. Any Products may be delivered by WG in advance of the Order Form. quoted delivery date upon giving reasonable notice to Buyer. b. Unless otherwise stated agreed in writing, delivery of the Order Form, where the Goods are delivered by the Service Provider, the point of delivery Products shall be where the Goods made at WG’s premises upon notification to Buyer that such Products are removed from the transporting vehicle at the Premisesready for collection. Where the Goods are collected by the Customer, the point of delivery Buyer shall be where entitled to collect the Goods are loaded Products any time thereafter on reasonable notice during WG’s normal business hours. WG shall have the right to assume that any person who both reasonably appears and claims to have the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation authority to accept and pay sign for delivery of the Goods and/or terminate the ContractProducts on behalf of Buyer does, in either casefact, without prejudice to any other rights and remedies have requisite authority from Buyer. c. Claims for non-delivery of the Customer. The Customer shall Products must be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice made in writing to the Service Provider to remove them WG within five (5) working days from the date of invoice. In the event WG should agree to deliver Products directly to Buyer’s customer any such delivery shall be deemed to be made to Buyer and any refusal by Buyer's customer to refund accept such delivery shall be deemed to the Customer any expenses incurred be a refusal by it as a result Buyer. d. Buyer agrees to accept partial delivery of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider Products ordered unless they are accepted otherwise mutually agreed by the Customerparties in writing. The Customer Where the Products are delivered in instalments, each delivery shall be under no obligation constitute a separate Contract. Failure by WG to accept deliver any one or pay for more of the instalments in accordance with these Agreements or any Goods supplied earlier than the date for delivery stated claim by Buyer in the Order Form. Unless expressly agreed to the contrary, the Customer respect of any one or more instalments shall not be obliged entitle Buyer to accept delivery by instalments. treat a Contract as repudiated or to cancel any other instalment. e. If the Customer specifies or agrees Buyer fails to delivery by instalments, take delivery of any instalment later than the date specified Products or agreed for fails to give WG adequate delivery instructions in its delivery shallPurchase Order then, without prejudice to any other rights right or remedies remedy available, WG may: (i) store the Products until actual delivery and charge Buyer for the reasonable costs thereof, including insurance costs; or (ii) terminate the Contract forthwith and sell the Products. f. Buyer shall bear any and all costs (including original and return carriage costs) associated with any unjustified refusal of delivery of Products ordered pursuant to a Contract. g. If there is a shortage of Products available to WG then WG may allocate any available Products between its buyers on such a basis as it deems appropriate. In case of the Customerforegoing, entitle then Buyer agrees to accept any Products delivered to it and shall pay the Customer to terminate the whole of any unfulfilled part appropriate pro-rated portion of the Contract without further liability to the Customerinvoiced price for such Products.

Delivery. The Service Provider Supplier shall ensure that: the Goods are 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 (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 (the Delivery Note); and if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the Delivery Note. Any such packaging material shall be returned to the Supplier at the Supplier's cost. The Supplier shall deliver the Goods: on the Delivery Date; carriage paid; to the location or locations as is or are set out in the Order, or as instructed by UK SBS or the Customer in writing prior to delivery (the Delivery Location); during the Customer's normal business hours on a Working Day, or as instructed by UK SBS or the Customer. Delivery of the Goods shall be completed on the completion of unloading the Goods at the time(s) Delivery Location and date(s) specified in accordance with the Order Formprovisions of this clause B2. Unless otherwise stated in the Order Form, where The Supplier will unload the Goods are delivered at its own risk as directed by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking UK SBS or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess will remain at the risk of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund Supplier until delivery to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to unloading) is complete, including that the costs Supplier has obtained sign-off of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted Delivery Note by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies on behalf of the Customer, at which point ownership of the Goods shall transfer to the Customer. If the Supplier delivers to the Customer more than the quantity of Goods ordered, the Customer will not be bound to pay for the excess and any excess will remain at the Supplier's risk and will be returnable to the Supplier at the Supplier's expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts the delivery, a pro rata adjustment shall be made to the invoice for the Goods. The Supplier shall not deliver the Goods in instalments without UK SBS or the Customer's prior written consent. Where it is agreed that the Goods are to be delivered in instalments, they may be invoiced and paid for 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 terminate the whole of remedies set out in clause B3. The Supplier shall: obtain, at its risk and expense, any unfulfilled part export and import licences or other authorisations necessary for the export and import of the Contract without further liability Goods and their transit through any country or territory; and deal with all customs formalities necessary for the export, import and transit of the Goods, and will bear the costs of complying with those formalities and all duties, taxes and other charges payable for export, import and transit. Without prejudice to the Customer's statutory rights, the Customer will not be deemed to have accepted any Goods until the Customer has had at least 14 Working Days after delivery to inspect them and the Customer also has the right to reject any Goods as though they had not been accepted for 14 Working Days after any latent defect in the Goods has become apparent. If, in connection with the supply of the Goods, the Customer permits any employees or representatives of the Supplier to have access to any of the Customer's premises, the Supplier will ensure that, whilst on the Customer's premises, the Supplier's employees and representatives comply with: all applicable health and safety, security, environmental and other legislation which may be in force from time to time; and any Customer policy, regulation, code of practice or instruction relating to health and safety, security, the environment or access to and use of any Customer laboratory, facility or equipment which is brought to their attention or given to them whilst they are on Customer premises by any employee or representative of the Customer.

Delivery. The Service Provider shall deliver the Goods at the time(sa) and date(s) specified in the Order Form. Unless otherwise stated in the Order Formagreed, where the Goods PURCHASER has nominated an address for delivery, the SUPPLIER must deliver the goods to that nominated address. b) The SUPPLIER bears responsibility for unloading goods at the point for delivery nominated by the PURCHASER. c) The PURCHASER will provide adequate and proper facilities for the reception and storage of goods and warrants that those facilities comply with all relevant statutes or regulations, including health and safety regulations, and that all necessary permits and licenses have been obtained for the storage of the goods. d) Where goods are delivered to the nominated, the SUPPLIER shall be deemed to have delivered the goods in accordance with the Agreement if it obtains a receipt or signed delivery docket for the goods from a person authorised to accept the goods on behalf of the PURCHASER. e) If the nominated address is unattended or if delivery cannot otherwise be effected or the goods cannot be dispatched due to any act, matter or thing beyond the control of the SUPPLIER, the SUPPLIER must promptly advise the PURCHASER and deliver the goods in accordance with the directions of the PURCHASER. f) If the parties agree in writing, the SUPPLIER may supply goods and/or services in instalments and these Terms & Conditions of Sale shall apply to each and every supply of goods and/or services. g) The SUPPLIER must deliver the goods by the Service Providerdate for supply of goods and/or services agreed between SUPPLIER and the PURCHASER. h) The SUPPLIER must immediately give written notice to the PURCHASER upon becoming aware that an event may cause a delay to the delivery of goods by the date of supply of goods and/or services. i) Subject to clause 10, the point of delivery shall be where SUPPLIER must compensate the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay PURCHASER for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any reasonable costs or expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated a delay in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customergoods and/or services.

Delivery. The Service Provider Xxxxxx shall deliver not be liable for any damage as a result of any non-delivery or delay due to any cause beyond Xxxxxx’x reasonable control, including, without limitation, an act of God; act of Purchaser; embargo; other government act, regulation or request; fire; accident; strike; war; boycott; pandemic; slowdown; riot; or delay in transportation or inability to obtain necessary labor, materials, or manufacturing facilities. Under no circumstances will Xxxxxx be liable to Purchaser or any third party for claims related to the Goods at late delivery of goods. Xxxxxx reserves the time(s) right to substitute suitable alternative materials and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, components where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premisesnecessary. Where the Goods services are collected by to be performed on Purchaser’s premises, Purchaser agrees to provide Xxxxxx on a timely basis with such access, machine downtime, utilities and equipment as Xxxxxx shall reasonably require in order to perform the Customerservices in accordance with the Agreement. If Purchaser fails to perform its obligations or shall fail to perform them in a timely manner, the point of delivery Purchaser acknowledges and agrees that Xxxxxx shall be where the Goods are loaded on entitled to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation delay performance of the Goods services, without penalty or liability of any kind, until such time as Purchaser has complied in all respects with its obligations and to increase the price for the services to reflect any increased cost to Xxxxxx caused by Purchaser’s failure to perform or late performance. If delivery is delayed or deferred by Purchaser beyond the Staff scheduled date, payment shall be due in full when Xxxxxx is prepared to ship the goods or perform the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directservices. The Service Provider shall use its best endeavours to deliver goods may thereafter, at Xxxxxx’x option, be stored at the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept risk and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies expense of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedPurchaser. If the applicable purchase order bears the notation “Customer elects not Pick-Up” or if Purchaser is otherwise required under the terms of the applicable purchase order to accept take delivery of any goods from any Xxxxxx facility, Xxxxxx will notify Purchaser when such over-delivered Goods it goods or any portion of such goods are available for receipt by Purchaser or its freight carrier and Purchaser or its designated freight carrier shall give notice in writing to the Service Provider to remove them take delivery of such goods or any portion of such goods within five (5) working calendar days of receipt of such notice. If Purchaser does not take delivery of such goods or any portion of such goods within five (5) calendar days of receipt of such notice, then Xxxxxx shall have the right, at its election, to ship the goods or any portion of such goods directly to Purchaser at Purchaser’s sole expense or, alternatively, to store such goods or any portion of such goods at any Xxxxxx facility subject to handling and storage fees reasonably determined by Xxxxxx. Xxxxxx may at certain times provide goods or services to refund Purchaser prior to the Customer any expenses incurred by it as issuance, delivery and acceptance of a result of corresponding purchase order. In such over-delivery (including but not limited cases, Xxxxxx will notify Purchaser that these Terms and Conditions shall apply to the costs of moving such transactions and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer Purchaser shall be under no obligation deemed to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, have accepted such Terms and Conditions upon Xxxxxx’x delivery of any instalment later than the date specified goods or agreed for its delivery shall, without prejudice to any other rights or remedies performance of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerservices.

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where when the Goods are loaded on to the Customer’s 's vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers 's suppliers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service All deliveries shall be accompanied wherever possible by the appropriate paperwork including any certificates authorised by an Independent Testing House/Organisation, evidencing that all Goods are manufactured to an agreed Specification/Standard. If deliveries are made with incomplete paperwork the Customer has the right to reject the Goods in accordance with Clause 12.16. Time of delivery shall be of the essence and if the Provider shall use its best endeavours fails to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, case without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied delivered in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days Working Days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If If, however, the Customer specifies does specify or agrees agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.

Delivery. The Service Provider ‌ 9.1 Subject to receipt of all amounts payable by the Buyer (whether under the Agreement or otherwise) due before delivery, the Seller shall deliver the Goods at Product, and the time(s) and date(s) specified Buyer shall take delivery of the Product, in accordance with the Order Form. Unless and otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point accordance with this clause 9. 9.2 The method of delivery shall be where as specified in the Goods are removed from the transporting vehicle at the PremisesOrder. Where the Goods are collected by the CustomerOrder does not stipulate a delivery term, the point of delivery shall be where FCA Seller’s premises, Wilton International (Incoterms 2010). 9.3 Delivery shall take place on the Goods are loaded on earliest to occur of any of the following, as appropriate to the Customer’s vehicle. Except where otherwise provided provisions of the Order: 9.3.1 the Seller giving to the Buyer, or any other person having apparent authority to receive the Product on behalf of the Buyer, custody of the Product, and in default of any such person being present at the relevant time, the Seller may effect delivery by leaving the Product at the delivery address identified in the Contract, delivery shall include Order; 9.3.2 the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice Seller agreeing in writing to hold the Service Provider to remove them within five (5) working days and to refund Product on behalf of the Buyer or its nominee; or 9.3.3 the Seller giving any carrier engaged by the Seller custody of the Product for the purposes of carriage to the Customer Buyer. 9.4 It is a condition of the Agreement that the Buyer receives or arranges for the receipt of the Product when delivery is effected by the Seller and shall provide all necessary labour, materials and plant, prepare the site and procure all licences and other authorisations required for the Seller or the carrier (as appropriate) to effect delivery in accordance with this clause 9.‌ 9.5 If the Buyer fails to take delivery of the Product, the Seller may store the Product at the risk and cost of the Buyer. 9.6 Where the Product is delivered in bags rather than in bulk, the Buyer shall unload the Product and shall provide all necessary equipment and labour to do so. 9.7 The Seller may discontinue deliveries on any expenses Product, the manufacture, sale or use of which in its opinion would involve patent infringement. 9.8 The Buyer shall promptly unload, release and return to the Seller all returnable materials and transportation equipment so that no related expense or loss shall be incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposalSeller. The risk in any over-delivered Goods Buyer shall remain assume all liability including demurrage with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation respect to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrarysuch returnable materials and equipment, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerincluding packaging.

Delivery. The Service Provider a. Any dates quoted for delivery of the Products are approximate only and WG shall deliver not be liable for any delay in delivery of the Goods at Products however caused. Time for delivery shall not be of the time(s) and date(s) specified essence of any Contract. Any Products may be delivered by WG in advance of the Order Form. quoted delivery date upon giving reasonable notice to Xxxxx. b. Unless otherwise stated agreed in writing, delivery of the Order Form, where the Goods are delivered by the Service Provider, the point of delivery Products shall be where the Goods made at WG’s premises upon notification to Buyer that such Products are removed from the transporting vehicle at the Premisesready for collection. Where the Goods are collected by the Customer, the point of delivery Buyer shall be where entitled to collect the Goods are loaded Products any time thereafter on reasonable notice during WG’s normal business hours. WG shall have the right to assume that any person who both reasonably appears and claims to have the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation authority to accept and pay sign for delivery of the Goods and/or terminate the ContractProducts on behalf of Buyer does, in either casefact, without prejudice to any other rights and remedies have requisite authority from Buyer. c. Claims for non-delivery of the Customer. The Customer shall Products must be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice made in writing to the Service Provider to remove them WG within five (5) working days from the date of invoice. In the event WG should agree to deliver Products directly to Buyer’s customer any such delivery shall be deemed to be made to Buyer and any refusal by Xxxxx's customer to refund accept such delivery shall be deemed to the Customer any expenses incurred be a refusal by it as a result Xxxxx. d. Xxxxx agrees to accept partial delivery of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider Products ordered unless they are accepted otherwise mutually agreed by the Customerparties in writing. The Customer Where the Products are delivered in instalments, each delivery shall be under no obligation constitute a separate Contract. Failure by WG to accept deliver any one or pay for more of the instalments in accordance with these Agreements or any Goods supplied earlier than the date for delivery stated claim by Buyer in the Order Form. Unless expressly agreed to the contrary, the Customer respect of any one or more instalments shall not be obliged entitle Buyer to accept delivery by instalments. treat a Contract as repudiated or to cancel any other instalment. e. If the Customer specifies or agrees Buyer fails to delivery by instalments, take delivery of any instalment later than the date specified Products or agreed for fails to give WG adequate delivery instructions in its delivery shallPurchase Order then, without prejudice to any other rights right or remedies remedy available, WG may: (i) store the Products until actual delivery and charge Buyer for the reasonable costs thereof, including insurance costs; or (ii) terminate the Contract forthwith and sell the Products. f. Buyer shall bear any and all costs (including original and return carriage costs) associated with any unjustified refusal of delivery of Products ordered pursuant to a Contract. g. If there is a shortage of Products available to WG then WG may allocate any available Products between its buyers on such a basis as it deems appropriate. In case of the Customerforegoing, entitle then Xxxxx agrees to accept any Products delivered to it and shall pay the Customer to terminate the whole of any unfulfilled part appropriate pro-rated portion of the Contract without further liability to the Customerinvoiced price for such Products.

Delivery. The All prices are net of any delivery charges, all of which Customer shall pay. Delivery terms are FOB Origin or Ex-Works Collect. All delivery schedules and dates given by XXXX are estimates only. In no event shall XXXX be liable for any delays in delivery or installation due to Customer’s failure to follow the instructions provided by either XXXX or the manufacturer with regard to room or facility readiness. Warranty. Customer recognizes that the Equipment is a previously owned product and is otherwise sold to Customer “AS IS” without any warranty provided by XXXX for any reason. No agent, sales representative or employee of XXXX shall have any authority to modify or expand this warranty in any way. CREDIT MEMOS: Credit memos issued to Customer may only be used against future purchases from Seller and must be used within DISCLAIMERS; LIMITATIONS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, XXXX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND AS TO THE EQUIPMENT AND SERVICES, EXPRESS AND IMPLIED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES AS TO MERCHANTABILITY, THE FITNESS OF THE EQUIPMENT OR SERVICES FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, THE SUITABILITY OF THE EQUIPMENT OR SERVICES FOR CUSTOMER'S PURPOSES, OR THE IMPACT OF THE EQUIPMENT OR SERVICES ON CUSTOMER'S OPERATIONS. Manufacturer Service Provider Agreement. XXXX shall deliver the Goods at the time(s) and date(s) specified use reasonable efforts to assist Customer in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed securing service agreements from the transporting vehicle at manufacturer with preferred pricing for the PremisesEquipment. Where In the Goods are collected by event that the CustomerEquipment is purchased with a service agreement, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation have the right to accept require the manufacturer to either repair or replace the Equipment as its sole and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerexclusive remedy.

Delivery. 10.1 Each Supplier shipment shall be accompanied by a Packing Slip which includes as a minimum, Sycamore's part number, Purchase Order Number, the Supplier's Part Number, serial number and quantity. Packaging of the material shall be in accordance with Sycamore's packaging instructions and/or written specifications. Sycamore shall be responsible for the adequacy and sufficiency of such packaging instructions or specifications and shall hold Supplier harmless from any costs or damages related thereto, provided Supplier completely adheres to such instructions or specifications. 10.2 The Service Provider Supplier shall deliver its services within a window of plus or minus [*] of "Delivery Date" specified on Sycamore's Purchase Order. 10.3 Without the Goods prior written consent of Sycamore, no partial shipments or over shipments are allowed. Any claims for alleged shortages must be made known to Supplier in writing within [*] of receipt at Sycamore or such claim is waived by Sycamore. 10.4 The Supplier shall make deliveries in accordance with the time(s) schedule set forth and date(s) mutually agreed upon in Sycamore's Purchase Order as accepted by Supplier. Title and risk of loss and damage for items on Sycamore's purchase orders will pass from Supplier to Sycamore upon delivery to the freight forwarder. Supplier shall use the freight forwarder chosen by Sycamore in its sole discretion. The Supplier shall ship all deliverables purchased under a Purchase Order freight prepaid on Sycamore's behalf so as to be received, allowing for normal transit times, in accordance with the schedule specified in the Order Formthereon. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point Supplier shall invoice Sycamore for freight charges following delivery of delivery items on Sycamore's purchase orders. 10.5 The Supplier shall be where [*] to meet the Goods are removed from the transporting vehicle at the Premisescommitted delivery schedule set forth and mutually agreed upon in Sycamore's Purchase Order unless [*]. Where the Goods are collected by the Customer, the point of delivery Sycamore shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided [*] and "surface" freight unless previously approved by Sycamore in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerwriting.

Delivery. The Service Provider (a) Lessee may execute and deliver to Lessor one or more -------- ILRs each covering a separate Unit of Equipment. Such ILR shall contain a detailed description of the Unit (including any manufacturer's serial number), to which shall be attached purchase orders, purchase agreements or similar documents respecting the ordering of the Units on such ILR and an invoice (approved by Lessee), each indicating Lessor as purchaser of the Unit. (b) Lessor hereby appoints Lessee as its agent to accept delivery of each Unit from the vendor thereof, such agency to begin on the First Delivery Date and to terminate on the Final Delivery Date. Lessee agrees that, as agent for Lessor, it will not execute any ILR for Equipment delivered and accepted by Lessee prior to the First Delivery Date or after the Final Delivery Date. Upon delivery of each Unit, Lessee will inspect the same and (i) if it is in good order and conforms to the purchase order therefor, accept such Unit from the vendor and, on its own behalf and as Lessor's agent, execute and deliver an ILR for it, or (ii) if Lessee, acting in good faith, finds that such Unit is not in good order, return the Goods at same to the time(s) and date(s) vendor thereof. Each Unit of Equipment so accepted will be subject to this Equipment Leasing Agreement from the Acceptance Date specified in the Order FormILR for such Unit. (c) Execution of an ILR for any Unit of Equipment by Lessee shall constitute irrevocable acceptance of such Unit for lease hereunder by Lessee. Unless otherwise Execution of an ILR for any Unit of Equipment by Lessee shall constitute Lessee's representation and warranty that no default or Event of Default under this Equipment Leasing Agreement has occurred and is continuing on the Acceptance Date for such Unit of Equipment and that Lessee has obtained and there are in full force and effect on such date such insurance policies with respect to such Unit as are required to be obtained pursuant to Section 8 hereof. If a Unit of Equipment delivered to Lessee is not in good condition, does not conform to the purchase order therefor, is not properly installed, does not operate as represented or warranted by the vendor, or is unsatisfactory for any other reason, Lessee shall make any claim on account thereof solely against the vendor or installer of the Unit, and not against Lessor and shall indemnify Lessor from and against any liability therefor. Notwithstanding the foregoing, Lessee's execution and delivery of the ILR shall conclusively establish that the Equipment is acceptable to and accepted by Lessee under this Equipment Leasing Agreement, notwithstanding any defect with respect to design, manufacture, condition or in any other respect, and that the Equipment is in good order and condition and appears to conform to the specifications applicable thereto and to all governmental standards and requirements reasonably interpreted as being applicable thereto. (d) Upon (i) receipt by Lessor of an ILR for a Unit of Equipment, and the invoice(s) therefor from the vendor and any installer thereof and (ii) satisfaction by Lessee of the terms and conditions stated in this Equipment Leasing Agreement, Lessor will pay such invoice(s), provided that, on the Order FormAcceptance Date, where the Goods are delivered by the Service Provider, the point of delivery Lessor shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided have good and marketable title in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result such Unit of such over-delivery (including but not limited to the costs Equipment free of moving all liens, encumbrances and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery exceptions of any instalment later kind whatsoever other than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerPermitted Liens.

Delivery. 5.4.1. The Service Provider Supplier shall deliver the Goods at the time(s) and date(s) specified in the Order FormRequirements. 5.4.2. Unless otherwise stated in the Order FormRequirements, where the Goods are delivered by the Service ProviderSupplier, the point of delivery shall be where when the Goods are safely and securely removed from the transporting vehicle at the Premises. Where the Goods are collected by the CustomerTrust, the point of delivery shall be where when the Goods are safely and securely loaded on to the CustomerTrust’s vehicle. 5.4.3. Except where otherwise provided in the ContractRequirements, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service ProviderSupplier’s service providers or carriers at such place as the Customer Trust or other duly authorised person shall reasonably direct. 5.4.4. The Service Provider Time of delivery shall use its best endeavours be of the essence and if the Supplier fails to deliver the Goods within the time promised or specified in the Order FormRequirements, failing which the Customer Trust may release itself from any obligation to accept and pay for the Goods and/or terminate the Contractthis Agreement, in either case, case without prejudice to any other rights and remedies of the CustomerTrust. 5.4.5. The Customer Trust shall be under no obligation to accept or pay for any Goods supplied delivered in excess of the quantity ordered. If the Customer Trust elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider Supplier to remove them within five (5) working days Working Days and to refund to the Customer Trust any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer Trust may dispose of such Goods and charge the Service Provider Supplier for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider Supplier unless they are accepted in writing by the CustomerTrust. 5.4.6. The Customer Trust shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order FormRequirements. 5.4.7. Unless expressly agreed to the contrary, the Customer Trust shall not be obliged to accept delivery by instalments. If If, however, the Customer specifies Trust does specify or agrees agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the CustomerTrust, entitle the Customer Trust to terminate the whole of any unfulfilled part of the Contract this Agreement without further liability to the CustomerTrust.

Delivery. The Service Provider shall deliver Time is of the essence for all Goods at or documentation to be delivered hereunder. As used herein, the time(s) and term "Delivery" means the supply of all Goods complete with all required documentation including test certificates if applicable. Supplier’s failure to meet the delivery date(s) specified in any Purchase Order without Buyer’s written consent shall, at Buyer’s option, constitute a material breach of contract and default by Supplier. If the Buyer believes that the Supplier will be unable to meet the delivery date(s) or the Supplier breaches any other term of these Purchase Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service ProviderTerms, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either caseBuyer may, without prejudice to any other rights Buyer may have herein or at equity or in law, terminate, in whole or in part, the applicable Purchase Order. Upon such termination, Buyer may procure Goods similar to those terminated, in which case Buyer shall continue performance of each respective Purchase Order to the extent not terminated and remedies Supplier will be liable to Buyer for any excess costs for such replacement Goods and/or losses suffered by Buyer due to Supplier’s default. Buyer has the right to impose liquidated damages of one times (1x) the Purchase Order value on late documentation submittals, on late delivery of software and/or on late delivery of the CustomerGoods. In the event Supplier’s delay causes Buyer to incur liquidated damages from any customer of Buyer, Supplier shall be liable to Buyer for all such liquidated damages. The Customer application of liquidated damages shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice addition to any other rights or and remedies of Buyer set forth herein or at law. Liquidated damages for which Supplier may become liable are agreed as a pre-estimate of the Customerlosses which may be sustained by Buyer in the event that Supplier fails in its relevant obligations under these Purchase Order Terms or the Purchase Order and not as a penalty. Liquidated damages shall represent Supplier's sole liability and Buyer sole and exclusive remedy for late delivery. In case of material delay, entitle Xxxxx has the Customer option to accept or refuse the order, and Supplier shall be liable for any and all damages suffered by Buyer resulting from such delay. Delivery dates can be postponed by mutual agreement for Force Majeure though Buyer will retain the right to terminate the whole Purchase Order in accordance with Section 10 "Termination." Causes of any unfulfilled part “Force Majeure” are considered acts of God, acts of civil or military authority, fires, strikes (except for those between Supplier and Supplier’s facility employees), floods, epidemics, quarantine restrictions, war, riots, acts of terrorism, unforeseen delays in transportation, or transportation embargoes or other unforeseeable causes beyond the control of the Contract without further liability Supplier and not due to Supplier's fault or negligence. Supplier must notify Buyer immediately in writing of the Customerbeginning of such conditions.

Delivery. 9.1. Except as agreed otherwise, the Goods and/or Services will be provided as stated in the Purchase Order. The Service Provider Supplier shall arrange for carriage of the Goods and will deliver the Goods at to the time(sDelivery Address (the carrier being deemed to be the Supplier’s agent) not later than the Delivery Date and date(s) specified in accordance with the Order Form. Unless otherwise stated in Delivery Instructions and/or will perform the Order Form, where the Goods are delivered Services by the Service Provider, Performance Date. 9.2. The Supplier shall notify the point Company of any anticipated delay in delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods and/or performance of the Services. If the Company so requests, delivery of the Goods and/or performance of the Services shall be provided in instalments on dates specified by the Staff or Company. 9.3. Time shall be of the Service Provider’s service providers or carriers at such place as essence in the Customer or other duly authorised person shall reasonably directdelivery of the Goods and performance of the Services. The Service Provider shall use its best endeavours Supplier recognises that failure to deliver meet Delivery Dates may cause the Goods within Company to suffer consequential loss, such as inability on the time specified part of the Company to meet other contractual commitments, and agrees to pay liquidated damages in respect of such delays as agreed between the parties or as set out in the Purchase Order. Such failure shall also entitle the Company to exercise its rights under clauses 15 and 17. 9.4. The Supplier shall ensure that each delivery of Goods is accompanied by a delivery note showing the Purchase Order FormNumber, failing which the Customer may release itself from any obligation date of the Order, the type and quantity of Goods included in the Order, and, in the case of an Order being delivered by instalments in accordance with clause 9.2, the outstanding balance of Goods remaining to accept and pay be delivered. 9.5. The parties agree that a receiving signature of a delivery or receipt note for the Goods and/or terminate the Contract, in either case, without prejudice to shall not constitute any other rights and remedies acknowledgement of the Customercondition, quantity or nature of Goods delivered. 9.6. The Customer Goods shall only be under no obligation delivered once the Supplier has ensured that a duly authorised representative of the Company signs a delivery note (which shall quote the Company’s Purchase Order Number and full details of the Goods supplied) to accept or pay confirm delivery of the Goods. 9.7. If, for any Goods supplied in excess reason, the Company is unable to take delivery of the quantity orderedGoods on or after the Delivery Date the Supplier shall, at its expense, store or arrange for the storage of the Goods for a reasonable time and shall safeguard the Goods and take all reasonable steps to prevent their deterioration until their actual delivery. 9.8. If the Customer elects The Company may at its sole option reject Goods which are not to accept such over-delivered Goods it shall give notice correctly packaged or in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result respect of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge delivery note does not include the Service Provider for the costs of such disposalrequested information. The risk in any overSupplier shall off-delivered load the Goods shall remain with the Service Provider unless they are accepted as directed by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerCompany.

Delivery. 5.1 The Service Provider Goods shall deliver be delivered and the Goods at Services shall be performed on the time(s) and date(s) specified in date or within the Order Form. Unless otherwise time period stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall Delivery Address or as may be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted directed by the Customer. Where the date of delivery of the Goods or of performance of the services is not specified in the Order, the Supplier shall give the Customer reasonable notice of the date thereof and shall not perform their duties under this order until the Customer have confirmed that the date of performance is acceptable. 5.2 The Supplier shall give the Customer in good time any instruction or information required to enable the Customer to take delivery of the Goods and performance of the Services. 5.3 the Customer shall be under no obligation entitled to accept or pay for reject any Goods supplied earlier than delivered which are not in accordance with the date for Agreement and shall not be deemed to have accepted any Goods until the Customer has had a reasonable time to inspect them following delivery stated or, if later, within a reasonable time after any latent defect in the Order FormGoods has become apparent. Unless expressly agreed In the event of any failure on the part of the Supplier to supply Goods or Services of the quality, in the quantity and to the contrarytime specified, the Customer shall not be obliged entitled to: 5.3.1 reject, and to accept require the Supplier to replace, at no charge, any such Goods; or 5.3.2 reject and obtain equivalent Goods or Services from an alternative source and the Supplier undertakes to reimburse the Customer for any reasonable additional costs incurred in so doing. 5.4 Time of delivery by instalmentsof the Goods and of performance of the Services shall be of the essence of the Agreement. 5.5 Any extension of time for delivery or performance must be agreed in advance between the Customer and the Supplier in writing. If time is so extended, time as extended shall be of the Customer specifies essence of the Agreement. 5.6 If the Goods are to be delivered or agrees the Services are to delivery be performed by instalments, delivery of any instalment later than the date specified Agreement will be treated as a single contract and not severable. 5.7 Delivery shall not be effected until the Goods have been unloaded and (if relevant) the Services have been performed and accepted in writing by an authorised officer, employee, or agreed for its delivery shall, without prejudice to any other rights or remedies representative of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability . 5.8 The Order Number must be quoted on all correspondence relating to the CustomerOrder. A delivery or advice note must accompany all Goods dispatched to the Delivery Address. Goods or Services not accompanied by a delivery or advice note may be refused.

Delivery. The Service Provider shall deliver 9.1 Any timeframes quoted by OA for the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Delivery of Goods are delivered estimates only. 9.2 OA shall not be liable for delay or any failure or inability to deliver. 9.3 OA shall not be liable for any Claim, Loss or damage whatsoever due to failure by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours OA to deliver the Goods within promptly or at all. 9.4 The failure of OA to deliver shall not entitle the Customer to treat this Agreement as repudiated. 9.5 OA reserves the right to withdraw an Order Confirmation at any time specified before the Delivery Time and will not be liable for any Claim or Loss whatsoever arising from its failure to deliver any or all of the Goods. 9.6 Any term of this Agreement relating to the quantity of Goods is not the essence of the Agreement. OA reserves the right to make partial deliveries against an Order and to invoice each partial Delivery separately and the Customer cannot reject Goods on the basis of partial Delivery. 9.7 Where Goods remain in the Order Form, failing which possession of OA after the Delivery Time (including where the Customer may release itself from any obligation fails for whatever reason to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies take Delivery of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which OA is entitled to charge the Customer may dispose for all Losses occasioned by the Customer in not accepting Delivery, together with any costs and Losses in respect of such the carriage, care and custody of the Goods. 9.8 Unless otherwise agreed by OA, all Goods will be delivered to the Delivery Address. 9.9 The Customer must ensure that it or its employees or agents are in attendance at the Delivery Address at the agreed time or agreed period to accept Delivery of the Goods and to acknowledge receipt upon the consignment note or invoice accompanying the Goods. 9.10 The Customer warrants that the person who signs the Delivery notice is authorised to receive the Goods on their behalf. 9.11 A quantity, description, date and place of Delivery, as indicated on OAs invoice or dispatch note, shall be referenced as evidence of quantity, description, date and place of Delivery of the Goods. 9.12 If the Customer fails to take delivery of the Goods on the specified date, and the Order is returned to OA, a second delivery charge the Service Provider may be imposed. 9.13 OA may arrange for the costs storage and carriage of such disposalGoods by couriers, contractors or sub-contractors. The risk Notwithstanding any specific instructions given by the Customer as to the mode of carriage of Goods, and in the exercise of its absolute discretion, OA may have Goods carried or forwarded by any over-delivered method which it deems fit. 9.14 Unless otherwise agreed in writing by OA from time to time, the cost of freight of Goods from the OA warehouse shall remain with the Service Provider unless they are accepted be paid for by the Customer. 9.15 Unless otherwise specified in a Quote, Goods shall be packed in OA standard packing. The cost of any special packing and packing materials required by the Customer shall be under no obligation at the Customer’s expense. 9.16 A fixed $15.00 surcharge will be payable on the shipment of any dangerous Goods within an Order or such other surcharge amount as OA may in its absolute discretion determine is applicable to accept or pay the Order. 9.17 A fixed surcharge will be payable for any special and/or custom Orders which alters the original products by slitting, cutting or any other alteration of the product. Once the Goods supplied earlier than are altered, no returns or cancellations will be accepted unless the date for delivery stated in Goods are deemed to be faulty. 9.18 Where orders are freighted on a pallet provided by OA, OA may apply a fixed pallet charge to this order based on the Order Formsize of pallet required. Unless expressly agreed Due to the contrarydimensions and weight of pallet orders, the Customer shall not OA may be obliged required to accept delivery have Goods carried by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customermethod which it deems fit.

Delivery. 2.12.1 The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. . 2.12.2 Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where when the Goods are loaded on to the Customer’s 's vehicle. . 2.12.3 Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers 's suppliers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. . 2.12.4 The Service Provider shall use its best endeavours take reasonable steps to deliver the Goods within and on Services in accordance with any implementation plan and agreed deadline. 2.12.5 The Goods and Services shall be subject to the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. Acceptance Test Procedures set out at Schedule A. 2.12.6 The Customer shall be under no obligation to accept or pay for any Goods supplied delivered in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within [five (5) working days )] Working Days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. . 2.12.7 The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. . 2.12.8 Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If If, however, the Customer specifies does specify or agrees agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.

Delivery. (a) Any dates specified by the Company for delivery of Goods are estimates. Failure by the Company to make delivery by any stated date shall not entitle the Customer to rescind or terminate the Contract. (b) The Service Provider Company will notify the Customer of the estimated delivery date and the Customer must take delivery on such date or such other date as the Company shall deliver indicate to the Goods Customer. Failure to take delivery (in whole or in part) when notified by the Company will require the Customer to pay storage charges, or (at the time(sCompany's option) returned load charges, which shall be added to the agreed price. The Company may withhold delivery of Goods until such charges have been paid. (c) When the Company delivers Goods, or makes arrangements for Goods to be delivered, the Customer shall ensure that delivery vehicles are not obstructed or delayed in any way. The Company and date(sits agents may refuse to make delivery if access to the agreed place of delivery is unsuitable or unsafe for such delivery and to charge the Customer accordingly. (d) specified in the Order Form. Unless otherwise stated in the Order Form, where the The delivery of Goods are delivered is made by the Service ProviderCompany on the condition that adequate facilities and, if necessary, labour, will be made available by the point of delivery shall be where the Goods are removed from the transporting vehicle Customer, at the Premises. Customer's expense, at the agreed place of delivery. (e) The Company may require the Customer to take delivery at the Company's depot, if the delivery of Goods to the agreed place of delivery, is not reasonably accessible by road vehicles available to the Company. (f) Where the Goods are collected to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Company to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept one or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer more instalment shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate treat the contract as a whole of any unfulfilled part as repudiated. (g) The Company may deliver from 7 am until 6pm on delivery days. It is the customer’s reasonability to ensure there is someone on site to accept the goods. (h) Cancelation of the Contract without further liability Goods while in transit will incur return load and re-stocking charges these will be processed before any refund can be issued. (i) Any cancellation or delay of an order by the Customer on or after 2:30pm on the working day before the order is due to be fulfilled, or if the CustomerCompany cannot deliver an order due to a failure of the Customer to comply with its obligations pursuant to Condition 3.2 or 3.5, is subject to payment by the Customer of: (i) The Cancellation Charge of 50% of the total cost per goods; and (ii) The Returned Materials Charge (j) All orders must be altered or cancelled by telephone the following are not accepted: (i) Email (ii) Text (iii) Instant Message (iv) Letter (k) Waiting time is charged after 20 minutes on site unless otherwise agreed in writing. Waiting time is charged at £72 per hour plus VAT. (l) Proof of delivery is taken in 3 ways: (i) Signed tickets by a person on site (ii) Vehicle GPS data where a signature is not available (iii) A photograph of goods on site

Delivery. The Service Provider shall deliver 7.1 All transport costs are the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies responsibility of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (; including but not limited to transport of the costs Equipment to and from Site, general road & air freight of moving Equipment parts to and storing from Site. Transportation will be charged at cost + 10% mark up and 5% admin. 7.2 At the Goods), failing which Company’s sole discretion delivery of the Equipment shall take place when: (a) the Customer may dispose takes possession of such Goods the Equipment at the Company’s address; or (b) the Customer takes possession of the Equipment at the Customers nominated address; or (c) the Company’s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Company’s agent and charge the Service Provider risk for the costs Equipment does not pass the Customer takes possession of such disposalthe Equipment at the Customer’s address; or (d) the Customer’s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Customer’s agent. 7.3 The Customer shall make all arrangements necessary to take delivery of the Equipment whenever it is tendered for delivery. In the event that the Customer is unable to take delivery of the Equipment as arranged then the Company shall be entitled to charge a reasonable fee for redelivery. 7.4 At the Company’s sole discretion delivery of the Equipment shall take place when: (a) the Customer takes possession of the Equipment at the Company’s address; or (b) the Customer takes possession of the Equipment at the Customers nominated address; or (c) the Company’s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Company’s agent and risk for the Equipment does not pass the Customer takes possession of the Equipment at the Customer’s address; or (d) the Customer’s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Customer’s agent. 7.5 The risk in Customer shall inspect the Equipment on delivery and shall within forty eight (48) hours notify the Company of any over-delivered Goods shall remain alleged defect, damage or failure to comply with the Service Provider unless they are accepted by the Customerdescription or quote. The Customer shall be under no obligation afford the Company an opportunity to accept or pay for any Goods supplied earlier than inspect the date for delivery stated in Equipment and verify the Order Form. Unless expressly agreed to the contrary, claim within a reasonable time following notification if the Customer shall not be obliged to accept delivery by instalmentsbelieves the Equipment is defective in any way. If the Customer specifies shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. If the Company agrees to the Equipment was defective or damaged at delivery by instalments, delivery of any instalment later than the date specified or agreed for Company shall replace the Equipment at its delivery shall, without prejudice to any other rights or remedies cost which shall be the limit of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerCompany’s liability.

Delivery. (A) The Service Provider Carrier shall have the right to deliver the Goods at any time from or at the time(sVessel's side, custom-house, warehouse, wharf, quay or any other place designated by the Carrier within the geographic limits of the port of discharge or place of delivery shown on the face hereof. (B) and date(s) specified Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee or his agent in the Order Form. Unless otherwise stated in the Order Formaccordance with this Bill of Lading, where or when the Goods are delivered have been handed over to any authority or other party to whom, pursuant to the law or regulation applicable at the place of delivery, the Goods must be handed over. (C) The Carrier shall also be entitled to store the Goods at the sole risk of the Merchant, and the Carrier's liability shall cease, and the cost of such storage shall be paid, upon demand, by the Service ProviderMerchant to the Carrier. (D) Goods which can not be identified as to marks and numbers, cargo sweepings, liquid residue and any unclaimed Goods not otherwise accounted for shall be allocated for the purpose of completing delivery to the various Merchants of Goods of like character, in proportion to any apparent shortage, loss of weight or damage, and such Goods or parts thereof shall be accepted as full and complete delivery. (E) In case the Goods have been packed into container by the Carrier, the point of delivery Carrier shall unpack the container and deliver the contents thereof and shall not be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours required to deliver the Goods within in container. However, at the Carrier's absolute discretion and subject to prior arrangement between the shipper and the Carrier, Goods may be delivered to the Merchant in container. (F) The Carrier shall not be liable for failure to deliver in accordance with marks unless the Goods or Packages shall have been clearly, legibly and permanently marked. (G) Optional delivery shall be granted only when arranged prior to the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for of receipt of the Goods and/or terminate the Contract, in either case, without prejudice and so expressly provided herein. The Merchant desiring to any other rights and remedies avail himself of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall option so expressed must give notice in writing to the Service Provider to remove them within five (5) working days and to refund Carrier at the first port of call of the Vessel named in the option at least 48 hours prior to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to Vessel's arrival there, otherwise the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for landed at any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle optional ports at Carrier's option and the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerCarrier's responsibility shall then cease.

Delivery. 14.1 The Service Provider Goods shall deliver the Goods be delivered at the time(s) times and date(s) dates specified in the Order Form. Specification. 14.2 Unless otherwise stated in the Order FormSpecification, where the Goods are delivered by the Service ProviderContractor, the point of delivery shall be where when the Goods are removed from the transporting vehicle at and if stated within the Agreement delivery shall be after installation within the Commissioner’s Premises. Where the Goods are collected by the CustomerCommissioner, the point of delivery shall be where when the Goods are loaded on to the CustomerCommissioner’s vehicle. . 14.3 Except where otherwise provided in the ContractAgreement, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service ProviderContractor’s service providers suppliers or carriers at such place as the Customer Commissioner or other duly authorised person shall reasonably direct. The Service Provider . 14.4 Where any access to the Commissioner’s Premises is necessary in connection with delivery or installation, the Contractor and the Contractor’s sub-contractors or suppliers shall use its best endeavours at all times comply with the reasonable requirements of the Commissioner’s security procedures. 14.5 Time of delivery shall be of the essence and failure to deliver the Goods within the time promised or specified in shall enable the Order Form, failing which Commissioner (at the Customer may Commissioner’s option) to release itself from any obligation to accept and pay for the Goods and/or terminate cancel all or part of the ContractAgreement, in either case, case without prejudice to any other rights and remedies of the Customer. remedies. 14.6 The Customer Commissioner shall be under no obligation to accept or pay for any Goods supplied delivered in excess of the quantity ordered. If the Customer Commissioner elects not to accept such over-delivered Goods it shall be entitled to give notice in writing to the Service Provider Contractor to remove them within five (5) working days 5 Working Days of receipt by the Contractor of such notice and to refund to the Customer Commissioner any expenses incurred by it the Commissioner as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), them) failing which the Customer may Commissioner shall be entitled to dispose of such Goods and to charge the Service Provider Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless Contractor until they are accepted collected by or on behalf of the Contractor or disposed of or purchased by the Customer. Commissioner, as appropriate. 14.7 The Customer Commissioner shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Specification. 14.8 Unless expressly agreed to the contrary, the Customer Commissioner shall not be obliged to accept delivery by instalments. If If, however, the Customer specifies Commissioner does specify or agrees agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the CustomerCommissioner, entitle the Customer Commissioner to terminate the whole of any unfulfilled part of the Contract Agreement without further liability to the CustomerCommissioner. 14.9 If the Commissioner is affected by circumstances of Force Majeure, the Commissioner shall be entitled to suspend partially or totally the date or dates for delivery of the Goods until such time as the circumstances of Force Majeure have ceased and such suspension shall not give rise to any claim by the Contractor against the Commissioner nor entitle the Contractor to terminate the Agreement.

Delivery. INCOTERMS 2020 apply. The Service Provider agreed delivery terms shall deliver the Goods commence at the time(s) and date(s) specified in moment of the Order FormCompany’s sending of the order confirmation. Unless agreed otherwise stated in writing, the Order Formdate of delivery is the last date on which the goods were put at the customer’s disposal at the production facility/company’s warehouse (EXW delivery date). Unless agreed otherwise in writing, where the Goods place of fulfilling the obligations for all deliveries shall be the production facility/company’s warehouse at Glanegg/Austria. This also applies if the transport costs are delivered paid in advance by the Service ProviderCompany. Justified and minor changes to the obligations of the Company, in particular any potential reasonable delivery delays, as well as an over or under delivery up to 5% shall be deemed approved. Partial deliveries shall be permitted. Returned goods will only be accepted after prior written consent and assumption of the freight costs and against payment of an appropriate service fee. In the case of lack of any other written agreement, the point transport is carried out without insurance, at the customer’s expense and risk. By request of the customer, the transport and its delivery shall be where provided to the Goods are removed from the transporting vehicle customer, at the Premises. Where customer’s expense and risk, and the Goods are collected due charges shall be pre-financed by the CustomerCompany. These costs shall be charged to the customer separately. All appropriate shipment types shall be deemed approved by the customer, without receiving any compensation for damages or a right to withdrawal. Upon starting the loading at the production facility/warehouse, the point of delivery risk and coincidence shall be where the Goods are loaded on pass to the Customer’s vehiclebuyer. Except where otherwise provided Unless delivery “DAP destination” is expressly agreed in writing, the Contract, delivery shall include customer therefore bears the unloading, stacking or installation of transport risk even if the Goods transport costs are borne by the Staff or the Service Provider’s service providers or carriers at such place company. As soon as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Company reports readiness for collection the customer is obliged to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedcollect them. If the Customer elects not customer is in delay with the collection, the Company is entitled to accept such over-delivered Goods store the goods on its premises, for which it may charge an appropriate storage fee as part of an invoice, or to store the goods at the expense and risk of the customer at the premises of an authorized entity. At the same time, the Company shall give notice in writing be entitled to demand performance of the Service Provider contract and, upon expiration of an reasonable grace period – to remove them within five (5) working days withdraw from the contract and to refund use the goods otherwise. The right to the Customer any expenses incurred by it as a result of such overassert damages for non-delivery (including but not limited to the costs of moving and storing the Goods)performance, failing which the Customer may dispose of such Goods and charge the Service Provider shall remain unchanged. The customer must ensure always that access for the means of transport (truck) is guaranteed and that the goods are unloaded within 2 hours of arrival at the agreed unloading location. Otherwise, the customer is obliged to reimburse the additional costs of such disposalincurred (e.g. standing times). The risk in any over-delivered Goods shall remain All pallets, with the Service Provider unless they are accepted by exception of one-way pallets, must either be replaced immediately upon delivery or returned within 2 weeks at the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customercustomer’s expense.

Delivery. The Service Provider 4.1 Time shall deliver mean as per the Goods at agreement between the time(s) Company and date(s) the Buyer. 4.2 Any time or date specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered for delivery by the Service ProviderCompany or the Buyer, in respect of any sale, shall be approximation and guide only. 4.3 If the Company is unable to effect delivery of any part of the goods on the date or time stipulated by it or the Buyer, the point of delivery Buyer shall be where obliged to take delivery as and when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at Company can reasonably effect such place as the Customer or other duly authorised person shall reasonably direct. delivery. 4.4 The Service Provider shall use its best Company endeavours to deliver the Goods within the time effect delivery on any date specified in the Order Formby it or agreed upon by it, failing but does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Customer Buyer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it suffer as a result of such over-delivery (including but later delivery. 4.5 The Company is entitled to charge storage costs where the Buyer requests the Company to withhold or postpone delivery, and the Company agrees thereto, and the Buyer undertakes to pay any and all storage costs related to goods not limited to taken, at the costs of moving and storing prevailing storage rates charges by the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. Company. 4.6 The risk in any over-delivered Goods and to the goods purchased shall remain with pass to the Service Provider unless they are accepted Buyer upon delivery. Such delivery will be deemed to have been effected upon tender of the goods for acceptance by the Customer. The Customer Buyer within normal business hours, at the Buyers place of business or such other place nominated by the Buyer, or the Company’s place of business, if the Buyer elects to collect the goods. 4.7 In the event of the Company, for any reason whatsoever, not being able to effect delivery of all the goods, the Company may, in its discretion, effect delivery of such goods as it can, and the Buyer is obliged to accept such partial delivery of goods, and such delivery shall be under no obligation deemed to accept be a sale for such listed quantity of goods, concluded in terms of these terms and conditions. 4.8 Should the Buyer have any claim whatsoever, arising out of a partial delivery of the goods, the Buyer shall, notify the Company within 24 hours of receiving or pay for any Goods supplied earlier than tendering of possession of the date for goods by the Company or the carrier of the goods, where the carrier is the Company’s agent; and endorse the delivery stated note accordingly. 4.9 Unless the Buyer gives timeous notice of the partial delivery, in terms of 4.8 above, the Buyer shall be deemed to have received the goods as set out in the Order Form. Unless expressly agreed to delivery note and relevant invoices. 4.10 Notwithstanding anything previously contained herein, no carrier, as agent of the contraryCompany, the Customer shall not be obliged to accept delivery by instalments. If enter the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies premises of the CustomerBuyer to enable offloading to be effected. However, entitle if such vehicle should enter the Customer Buyer’s premises, it shall be deemed to terminate do so at the whole of Buyer’s specific instance and request, and in that event the Company and/or its servants and/or agents shall accept no liability for damage or loss occasioned to the Buyer or any unfulfilled part third party, arising in any way from such entry or for that matter, exiting from the Buyer’s premises, or from the offloading thereof, or from any negligent act or omission of the Contract without further Company of its agent carrier during the course of entering, exiting or offloading. Further, the Buyer hereby indemnifies and holds the Company harmless against liability to the Customerfor any such damage or loss.

Delivery. (1) Except as otherwise stated in writing, delivery of the goods and/or services will be Ex Works at Our facilities. (2) Agreed delivery dates are subject to all important, technical goods and/or services specifications having been clarified timely. (3) Our contractual obligations are subject to the timely and correct performance by the customer of its co-operation obligations. (4) In case We are prevented from timely performing Our obligations, in particular delay in delivery of the ordered goods and/or services due to unforeseen or exceptional circumstances affecting Our production, suppliers or logistic providers without fault on Our part, including strikes, lockouts and epidemic events, any agreed delivery dates shall be deemed to be extended as reasonably necessary. We will not be liable for any breach of Our obligations if, while performing them, said obligations are suspended, delayed, interrupted or considered impossible or impractical due to unforeseen and/or inevitable circumstances or force majeure. (5) Should the circumstances preventing Us from timely performance persist for more than four weeks from the date when those circumstances first arose, We shall be entitled to terminate, at Our absolute discretion, the relevant outstanding order(s) or the Agreement and refund any advance payments received from the customer. The Service Provider customer’s right to the refund shall deliver be without prejudice to Our right to receive payment from the Goods customer for the proportional part of the price of the goods and/or services delivered up to that date. (6) If the customer delays the receipt of the ordered goods, the goods shall be stored by COMPANY at the time(s) expense and date(s) specified risk of the customer and COMPANY shall be entitled to claim a contractual penalty of 0.2% of the gross value of the goods for each commenced day of delay starting from the date when the goods were ready for handover to the customer until the date when the goods are handed over to the customer or a third party under the terms as in the Order Formfollowing sentence. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Providerorder confirmation of COMPANY, the point date of delivery shall be where the Goods are removed earliest possible date when COMPANY could have delivered the goods to the customer. (7) Failure to collect the ordered goods and/or services by the customer within 14 days from the transporting vehicle at date when the Premisesgoods and/or services were ready to be delivered to the Customer, shall entitle COMPANY to sell them to any third party and is equivalent to resignation from the ordered goods and/or services by the Customer subject to the next sentence. Where The contractual penalty referred to in clause (6) shall be calculated until the Goods are goods have been collected by the Customer, the point of delivery third party. COMPANY shall be where obliged to notify the Goods are loaded on customer of conclusion of a contract with a third party. The customer shall be obliged to pay to COMPANY compensation for damage suffered by COMPANY as a result of having to sell the goods and/or services ordered and not collected by the customer to the Customer’s vehicle. Except where otherwise provided in third party at a price lower than the Contract, delivery shall include price for which the unloading, stacking or installation goods and/or services were to be sold to the customer. (8) The exercise of the Goods by rights referred to in clauses (6) and (7) shall not deprive COMPANY of the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours right to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any exercise other rights and remedies of under the Customer. The Customer shall be under no obligation law, contract or these General T&C, including to accept or pay for any Goods supplied claim damages in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five contractual penalty. (59) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not Our liability for delay damages is limited to the costs documented, actual and reasonable damage with a maximum of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies 5% of the Customer, entitle the Customer to terminate the whole delivery value. (10) Liability of any unfulfilled part of the Contract without further liability to the CustomerCOMPANY for lost profits is excluded.

Delivery. The Supplier shall Deliver the Materials to the Customer in accordance with agreed Service Provider Levels on or by the Date of Delivery. Unless otherwise agreed in writing by the Customer, Delivery shall deliver be on the Goods at date and to the time(s) and date(s) address specified in the Order FormPurchase Order. Unless otherwise stated in Delivery of the Order Form, where the Goods are delivered by the Service Provider, the point of delivery Materials shall be where completed once the Goods are removed completion of unloading the Materials from the transporting vehicle at the PremisesDelivery address has taken place and the Customer has signed for the Delivery. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on Any access to the Customer’s vehicle. Except where otherwise premises and any labour and equipment that may be provided by the Customer in the Contract, delivery shall include the unloading, stacking or installation connection with Delivery of the Goods Materials shall be provided without acceptance by the Staff 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 Service Provider’s service providers negligence or carriers at such place as other wrongful act of the Customer or other duly authorised person shall reasonably directits servant or agent. The Service Provider Supplier shall use its best endeavours to deliver indemnify the Goods within the time specified Customer in the Order Formrespect of any actions, failing suits, claims, demands, losses, charges, costs and expenses, which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept suffer or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it incur as a result of such over-delivery or in connection with any damage or injury (including but not limited whether fatal or otherwise) occurring in the course of Delivery to the costs extent that any such damage or injury is attributable to any act or omission of moving the Supplier or any of his sub-Suppliers. Delivery of Materials shall be accompanied by a delivery or collection note which shows the Purchase Order Number (if applicable) and storing the Goods)type and quantity of the Materials and, failing which in the case of part Delivery, the outstanding balance remaining to be Delivered. Unless otherwise stipulated by the Customer may dispose in the Purchase Order, Deliveries shall only be accepted by the Customer on Working Days and during normal business hours. Where (i) the Supplier fails to Deliver the Materials or part of such Goods and charge the Service Provider for the costs of such disposal. The risk Materials in any over-delivered Goods shall remain accordance with the appropriate Service Provider unless they are accepted Level or (ii) the Materials or part of the Materials do not comply with the requirements of the Specification or Purchase Order, then without limiting any of its other rights or remedies implied by statute or common law, the Customer shall be entitled: request the Supplier, free of charge, to deliver substitute Materials (of equal or better standard) within the timescales specified by the Customer; to require the Supplier, replace the rejected Materials, or to provide a full refund of the price of the rejected Materials (if paid); to reject the Materials (in whole or part) and return them to the Supplier at the Supplier’s own risk and expense and the Customer shall be entitled to a full refund on those Materials duly returned; to Purchase the same or similar Materials from another supplier and agree on a case by case basis with the Supplier any reasonable expenses incurred that may be recovered by the Customer. This may include, but is not limited to, administration costs, chargeable staff time and extra delivery costs. Ownership and Risk The Customer Supplier warrants that at the Date of Delivery of any Materials(s) it shall be under no obligation have full and unrestricted right, power and authority to accept or pay for any Goods supplied earlier than supply and deliver those Material(s) to the date for delivery stated Customer. Subject to Clause 11.3, risk in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery Materials shall, without prejudice to any other rights or remedies of the Customer, entitle pass to the Customer at the time of Delivery. Ownership in the Materials shall, without prejudice to terminate the whole of any unfulfilled part other rights or remedies of the Contract without further liability Customer, pass to the Customer at the time of full payment. Staff If the Customer reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Supplier: refuse admission to the relevant person(s) to the Customer’s premises; direct the Supplier to end the involvement of an individual in the supply of Materials to the Customer; and the Supplier shall comply with any such notice.

Delivery. 7.1 Subject to clause 7.2 it is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible. 7.2 The Service Provider shall deliver Works’ commencement date will be put back and/or the Goods at the time(s) and date(s) specified completion date extended by whatever time is reasonable in the Order Form. Unless otherwise stated in event that the Order FormContractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Contractor’s control, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to any failure by the costs of moving and storing Client to: (a) make a selection; or (b) have the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider worksite ready for the costs Works; or (c) notify the Contractor that the worksite is ready. 7.3 Delivery Materials/Equipment is taken to occur at the time that the Contractor (or the Contractor’s nominated carrier) delivers the Materials/Equipment to the Client’s nominated address even if the Client is not present at the address. 7.4 Where the Contractor has effected delivery all risk passes to the Client as per clause 8.1 and the Client claims the Materials have been stolen it shall be the Client’s responsibility to notify the police and forward evidence to the Contractor, this shall not excuse the Client from fulfilling their financial obligations under this contract. 7.5 At the Contractor’s sole discretion, the cost of such disposaldelivery is either included in the Price or is in addition to the Price. 7.6 The Contractor may deliver the Works/Equipment by separate instalments. The risk Each separate instalment shall be invoiced and paid in any over-delivered Goods shall remain accordance with the Service Provider unless they are accepted provisions in these terms and conditions. 7.7 Any time specified by the CustomerContractor for delivery of the Works/Equipment is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Client as a result of delivery being late. The Customer However both parties agree that they shall make every endeavour to enable the Works/Equipment to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Works/Equipment as agreed solely due to any action or inaction of the Client, then the Contractor shall be under no obligation entitled to accept or pay charge a reasonable fee for any Goods supplied earlier than re-supplying the date Works/Equipment at a later time and date, and/or for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies storage of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerEquipment/Materials.

Delivery. 9.1 The Service Provider Customer hereby confirms that the goods or services on the Tax Invoice issued duly represent the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place, that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. 9.2 Notwithstanding the provisions of sub-clause 1 above, all orders or variations to orders, whether oral or in writing, shall be binding and subject to these standard conditions of sale and may not be cancelled. 9.3 SOLID PUMPS shall be entitled in its sole discretion to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides in its sole discretion. 9.4 SOLID PUMPS shall be entitled to invoice separately each delivery / performance actually made. 9.5 The Customer shall be responsible for procuring and arranging for the transportation of goods from SOLID PUMPS’s premises to any destination required by the Customer unless otherwise agreed by SOLID PUMPS in writing. Delivery shall be completed when the goods are handed to the Customer or its agent at SOLID PUMPS’s premises and before loading commences. After completion of delivery SOLID PUMPS shall not be responsible for the arrival of the goods at their destination or for any loss or damages to the goods from any cause whatsoever, while in transit. 9.6 Should SOLID PUMPS, at the Customer’s request, agree to engage a carrier to transport the goods for the Customer then: 9.6.1 SOLID PUMPS is authorised to engage a carrier on such terms and conditions as it deems fit. 9.6.2 The Customer hereby indemnify SOLID PUMPS against all demands and claims which may be made against it by the carrier so engaged and all liability which SOLID PUMPS may incur to the carrier arising out of the transportation of the goods. 9.6.3 Notwithstanding any other provision in this Agreement to the contrary the obligation to deliver the Goods at goods shall in all cases be subject to the time(sfollowing conditions precedent:- 9.6.3.1 the availability of the goods ordered; 9.6.3.2 timeous receipt by SOLID PUMPS of any drawings, designs and specifications that may be required by SOLID PUMPS from the Customer provided that such drawings, design and specifications shall be deemed to have been given to SOLID PUMPS for the purposes of description only and shall not form part of this Agreement. 9.7 Time shall not be of the essence of the Agreement delivery dates and must be treated as approximate only based on the latest information available to SOLID PUMPS. Under no circumstances shall the Customer be entitled to withdraw from or terminate this Agreement on account of any nature against SOLID PUMPS arising from late delivery. 9.8 If the Customer fails to take delivery of the goods on due date then:- 9.8.1 the risk shall pass immediately from SOLID PUMPS to the Customer; 9.8.2 the Customer shall refund to SOLID PUMPS on demand the reasonable costs (including storage and insurance) and date(sof keeping the goods during the period of that delay. 9.9 If delivery is made in instalments then the provisions of this clause shall apply to each installment. 9.10 Any delivery note or waybill (copy or original) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered signed by the Service ProviderCustomer or a third party engaged to transport the goods and held by SOLID PUMPS shall be conclusive proof that delivery was made to the Customer. 9.11 The Customer agrees that a signature on SOLID PUMPS’s official Delivery Note/Invoice shall constitute prima facie proof of delivery of goods, or services purchased, unless the contrary is proved by the Customer. 9.12 Should the Customer or his representative fail to effect delivery of the goods within 14 (fourteen) days after being informed by SOLID PUMPS that the goods are ready for dispatch, the point Customer will be invoiced as if the goods had been dispatched. The risk of loss or damage shall pass to the Customer upon expiry of the aforesaid 14 (fourteen) days. 9.13 Should the Customer fail to take delivery of the goods tendered by SOLID PUMPS within the abovementioned 14 (fourteen) days, SOLID PUMPS shall be where entitled to store or have such goods stored on behalf of the Goods are removed from Customer. All costs and damages relating to the transporting vehicle at failure of the Premises. Where Customer shall be for the Goods are collected account of the Customer, and SOLID PUMPS shall be indemnified against any and all loss or damage, which may have been suffered by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at resulting from such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. storage. 9.14 If the Customer elects not provides a date of shipment and said date is postponed due to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result lack of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept transport or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contraryshipping, the Customer shall not be obliged to accept delivery by instalments. If liable for the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdemurrage and storage charges.

Delivery. The Service Provider 8.1 If Goods are to be delivered by TMB to the Customer, such Goods shall deliver be delivered to the location set out in the Order. Unless it is otherwise agreed in writing, such Goods shall be delivered by any means chosen by TMB and TMB shall not be under any obligation to provide personnel, plant or power to assist the unloading of the Goods. 8.2 If the Customer is unable to take delivery of the Goods, TMB may at its sole discretion store the Goods at its risk, but may be entitled to charge the time(s) Customer its reasonable costs for doing so. 8.3 TMB shall make reasonable endeavours to avoid delay but no responsibility is undertaken for meeting any specific delivery dates. Accordingly, no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery whether brought about by a cause beyond the control of TMB or not. 8.4 TMB shall be entitled to deliver the Goods, Rented Equipment or Loaned Equipment in one or more consignments unless otherwise agreed. 8.5 The Customer shall inspect the Goods immediately on delivery thereof and date(s) specified in shall within two Working Days from such delivery give TMB notice of any matter or thing by reason whereof the Order Form. Unless otherwise stated in the Order Form, where Customer may allege that the Goods are delivered by not in accordance with the Service Provider, the point of delivery shall be where the Goods Contract or are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided defective in the Contract, delivery shall include the unloading, stacking material or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedworkmanship. If the Customer elects not fails to accept give such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain be conclusively presumed to be in all respects in accordance with the Service Provider unless they are accepted by Contract and free from any defect which would be apparent on any reasonable examination and the Customer. The Customer shall be under no obligation deemed to accept or pay for any have accepted the Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalmentsaccordingly. If the Customer specifies establishes to TMB's reasonable satisfaction that the Goods are not in accordance with the Contract or agrees are so defective, TMB may elect to delivery by instalmentsrepair the Goods or to replace the Goods or to refund the purchase price against the return of the Goods. 8.6 If Goods are lost or damaged in transit the Customer shall notify both TMB and the carrier of the loss or damage as soon as reasonably possible, delivery of any instalment and no later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies two Working Days of the Customerdelivery. 8.7 TMB shall not be responsible for the installation of Goods, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to Rented Equipment or Loaned Equipment at the Customer’s site under the terms of this Supplement.

Delivery. The Service Provider 7.1 Delivery shall deliver be deemed to have been completed (“Delivery”) upon: (i) the Goods loading of the Products at the time(sDelivery Address where delivery occurs at the Supplier’s premises; or (ii) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Providerany other case, the point unloading of the Products at the Delivery Address. Where delivery occurs at a location other than the Supplier’s premises, the Customer shall be where responsible for procuring any manpower, equipment or relevant resources for the Goods purposes of unloading the Products and failing so, shall fully reimburse the Supplier for any costs or expenses incurred in procuring the unloading of the Products. 7.2 The Supplier shall not be liable for any delay in Delivery arising from or in connection with the occurrence of a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are removed from relevant to the transporting vehicle at supply of the PremisesProducts. Where the Goods are collected Customer fails to take delivery of the Products, the Customer shall reimburse the Supplier for any and all reasonable costs and expenses (including any storage fees incurred or charged or relevant insurance procured in respect of the Products by the Customer, Supplier) arising from the point of storage or re-delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at Products until such place time as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without Delivery is completed. 7.3 Without prejudice to any other claims, rights and or remedies of the Customer. Supplier, the Supplier may resell or otherwise dispose of all or part of the Products where the Customer has failed to take Delivery of the Products within thirty (30) days in accordance with Clause 7.1. 7.4 The Customer shall be responsible for procuring all necessary import and/or export permits and/or clearances (where applicable) for the delivery and/or supply of the Products and shall promptly upon written request furnish such import and/or export permits to the Supplier. Where the Supplier is required under no obligation the Applicable Law to accept or pay procure such permits, the Customer shall provide full and prompt cooperation to the Supplier for the purposes of procuring the same. The Supplier shall not be liable for any Goods supplied delay in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing delivery or damage to the Service Provider Products (whether incurred in the course of customs seizure or otherwise) resulting from or in connection with the Supplier’s failure to remove them within five (5) working days procure the necessary import and/or export permits or breach of this Clause 7.4 and to refund to shall indemnify the Customer Supplier in full against any costs, expenses or damages incurred by it as a result of such over-failure or breach. 7.5 Any customs taxes, levies, fees, penalties or tariffs or import incurred and/or export licence or permit fees payable (“Customs Fees”) in connection with or arising from the supply and delivery (including but not limited of the Products to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than borne in full by the date for delivery stated in the Order Form. Unless expressly agreed Customer and to the contraryextent that the Supplier is required to make payment of any such Customs Fees for the purposes of supplying or delivering the Products to the Customer, the Customer shall not be obliged to accept delivery by instalments. If promptly reimburse the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than Supplier in full for the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerrelevant amount paid.

Delivery. The Service Provider 4.1 Any delivery date specified by the Company is an estimate only and is not of the essence of this Agreement and the Company accepts no responsibility for delay howsoever caused. 4.2 If the performance of any of the Company’s obligations shall deliver be prevented, hindered or interfered with by any cause or reason beyond the control of the Company, then the Company shall have the option to suspend or cancel any obligation on its part the unperformed without any liability on the part of the Company. 4.3 If any account (of any nature whether relating to the supply of Goods at and/or Services governed by these General Conditions or under or in relation to any other contract or arrangement between the time(sCompany and the Customer) and date(sof the Customer is overdue for payment or the Customer becomes bankrupt or (being a company) specified goes into liquidation or suffers a receiver of any nature to be appointed or makes an assignment or arrangement for the benefit of creditors or defaults in any obligation to the Company or ceases or threatens to cease to trade or in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on Company’s absolute opinion doubts arise as to the Customer’s vehicle. Except where otherwise provided in Solvency, the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either caseCompany is entitled, without prejudice to its other rights, to suspend the performance of any other rights of its obligations to the Customer to (whether or not notice of suspension has been given) to cancel such performance and remedies treat this Agreement as discharged without any liability on the part of the Company. 4.4 If the Company agrees in writing that it shall be responsible for the delivery of the Goods to the Customer’s site, the cost of such delivery shall be charged to the Customer. The Customer shall be under no obligation off-load the Goods promptly on their arrival at site and shall provide and bear the cost of clear access to accept or pay for any Goods supplied in excess and at the point of delivery together with the quantity ordered. means of off-loading. 4.5 If the Customer elects not shall fail to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, take delivery of any instalment later than Goods, the date specified or agreed for Company may at its delivery shall, option but without prejudice to any other rights or remedies it may have, sell the Goods for the account of the Customer, entitle Customer and the Customer to terminate and the whole Customer shall be liable for all cost and expenses incurred by the Company and the difference between the proceeds of any unfulfilled part sale and the price of the Contract without further liability Goods hereunder. 4.6 The Company is entitled to the Customermake delivery by instalments.

Delivery. The Service Provider Supplier shall ensure that: the Goods are 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 (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 (the Delivery Note); and if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the Delivery Note. Any such packaging material shall be returned to the Supplier at the Supplier's cost. The Supplier shall deliver the Goods: on the Delivery Date; carriage paid; to the location or locations as is or are set out in the Order, or as instructed by UK SBS or the Customer in writing prior to delivery (the Delivery Location); during the Customer's normal business hours on a Working Day, or as instructed by UK SBS or the Customer. Delivery of the Goods shall be completed on the completion of unloading the Goods at the time(s) Delivery Location and date(s) specified in accordance with the Order Formprovisions of this clause B2. Unless otherwise stated in the Order Form, where The Supplier will unload the Goods are delivered at its own risk as directed by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking UK SBS or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess will remain at the risk of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund Supplier until delivery to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to unloading) is complete, including that the costs Supplier has obtained sign-off of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted Delivery Note by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies on behalf of the Customer, at which point ownership of the Goods shall transfer to the Customer. If the Supplier delivers to the Customer more than the quantity of Goods ordered, the Customer will not be bound to pay for the excess and any excess will remain at the Supplier's risk and will be returnable to the Supplier at the Supplier's expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts the delivery, a pro rata adjustment shall be made to the invoice for the Goods. The Supplier shall not deliver the Goods in instalments without UK SBS or the Customer's prior written consent. Where it is agreed that the Goods are to be delivered in instalments, they may be invoiced and paid for 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 terminate the whole of remedies set out in clause B3. The Supplier shall: obtain, at its risk and expense, any unfulfilled part export and import licences or other authorisations necessary for the export and import of the Contract without further liability Goods and their transit through any country or territory; and deal with all customs formalities necessary for the export, import and transit of the Goods, and will bear the costs of complying with those formalities and all duties, taxes and other charges payable for export, import and transit. Without prejudice to the Customer's statutory rights, the Customer will not be deemed to have accepted any Goods until the Customer has had at least 14 Working Days after delivery to inspect them and the Customer also has the right to reject any Goods as though they had not been accepted for 14 Working Days after any latent defect in the Goods has become apparent. If, in connection with the supply of the Goods, the Customer permits any employees or representatives of the Supplier to have access to any of the Customer's premises, the Supplier will ensure that, whilst on the Customer's premises, the Supplier's employees and representatives comply with all applicable health and safety, security, environmental and other legislation which may be in force from time to time; and any Customer policy, regulation, code of practice or instruction relating to health and safety, security, the environment or access to and use of any Customer laboratory, facility or equipment which is brought to their attention or given to them whilst they are on Customer premises by any employee or representative of the Customer.

Delivery. The Service Provider Supplier shall ensure that: the Goods are properly packed, marked and secured in such manner as to enable them to reach their destination and be delivered to, and accepted by the ODEON Affiliate, in good and undamaged condition; and each delivery of the Goods is accompanied by a delivery note which states, as a minimum, the date and time of the Order to which the delivery relates, the applicable Order number (if any), the quantity of each type of those 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. The Supplier shall deliver the Goods at Goods: on the time(sDelivery Date(s) and date(sspecified in the Contract Particulars and/or the Territory Agreement; to the Location(s) specified in the Order Form. Unless or as otherwise stated in the Order Form, where the Goods are delivered instructed by the Service Provider, ODEON Affiliate before delivery; to the Location drop-off point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected (as advised by the Customer, ODEON Affiliate) and in accordance with any access guidelines issued by ODEON and/or the point of delivery shall be where the Goods are loaded on ODEON Affiliate to the Customer’s vehicleSupplier from time to time; and during the ODEON Affiliate's normal hours of business on a Business Day, or as otherwise instructed by the ODEON Affiliate. Except where otherwise provided in the ContractThe Supplier shall provide all labour, resources, materials and/or equipment necessary for proper, safe, timely and efficient delivery shall include the unloading, stacking or installation of the Goods by in accordance with the Staff terms of this Agreement and/or Territory Agreement, including to any Location and/or agreed drop-off point. Delivery of the Goods shall be completed on the unloading of all the Goods at the Location in accordance with the ODEON Affiliate’s reasonable directions and instructions. If the Supplier: delivers less than 95% of the quantity of Goods ordered, the ODEON Affiliate may reject the Goods; or delivers more than 105% of the quantity of Goods ordered, the ODEON Affiliate may at its discretion reject the Goods or the Service Provider’s service providers excess Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or carriers at such place as less than the Customer or other duly authorised person quantity of Goods ordered, and the ODEON Affiliate accepts the delivery, a pro rata adjustment shall reasonably directbe made to the invoice for the Goods. The Service Provider Supplier shall use its best endeavours to not deliver the Goods within in instalments without the time specified in the Order FormODEON Affiliate's prior written agreement. If it is agreed that Goods may be delivered by instalments, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer they shall be under no obligation to accept or pay paid for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated ODEON Affiliate in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by separate corresponding instalments. If the Customer specifies or agrees Goods are incorrectly delivered, the Supplier will be liable for any additional expense involved in handling and delivering them to delivery by instalments, delivery their correct destination. The ODEON Affiliate shall not be deemed to have accepted the Goods until it has had three (3) days to inspect them following delivery. The ODEON Affiliate shall also have the right to reject the Goods as though they have not been accepted for three (3) days after any latent defect in the Goods has become apparent. odeon’s remedies If the Supplier supplies Goods that do not comply with the requirements of this Agreement (including any instalment later than the date specified or agreed for its delivery shallOrder) then, without prejudice to any limiting its other rights or remedies remedies, and whether or not it has accepted the Goods, the ODEON Affiliate may, at its sole discretion, exercise one or more of the Customerfollowing rights and remedies: reject such Goods (in whole or in part) and return them to the Supplier at the Supplier's sole risk and expense; require the Supplier, entitle at the Customer Supplier’s expense, to terminate repair or replace the whole of any unfulfilled part rejected Goods, or to provide a full refund of the Contract without further liability price of the rejected Goods (if paid); refuse to accept any subsequent delivery of the Customer.Goods in question which the Supplier attempts to make;

Delivery. a) The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point method of delivery shall be where as set out in the Goods are removed from order PROVIDED ALWAYS that the transporting vehicle at Company shall have the Premises. Where the Goods are collected by the Customer, the point right to vary such method of delivery shall should it be where the Goods are loaded on impractical or inconvenient and subject to the Customer’s vehicle. Except where otherwise provided in Company serving the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff Customer with written notice or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies varied method of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, then the Customer shall not be obliged to accept delivery by instalments. If such varied method. b) Delivery shall be effected when the Customer specifies or agrees Products are handed over to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle his authorised agent, or any person present at the place or places specified in the order or subsequently agreed upon to include the place of business of the Customer his transporters, forwarding agents, or such other agents involved in the dispatch of the Products to the Customer whom the person effecting the delivery reasonably assumes to be so authorised and the products will then be deemed to have been accepted by the customers. Delivery may at any time be withheld pending payment of any sum due from the Customer to terminate the whole Company. c) All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. In no circumstances shall the Company be liable to compensate the intending purchaser in damages or otherwise of non-delivery or late delivery of the goods or any of them for whatever reason or any loss consequential or otherwise arising there from. d) Should any delay in the delivery of the Products arise by virtue of the Customers default in taking delivery the Company will not be liable for any charges which may arise for storage, demurrage or damages for detention which sums shall be discharged by the Customer. In the event of Company paying such sums (which shall be at its absolute discretion) then such sums shall be liquidated debt due from the Customer to the Company bearing interest at the rate specified in Clause 7 (c) hereof. e) The intending Customer or its duly authorised agent shall inspect the Products immediately on delivery thereof and shall within two days of such delivery give notice to the Company in writing of any unfulfilled part matter or thing by reason whereof the intending Customer may allege that the Products are not in accordance with the Contract or are defective in material or workmanship. In the event that the intending Customer establishes to the Company’s reasonable satisfaction that the Products are not in accordance with the Contract or are so effective the intending Customer’s sole remedy shall be limited as the Company may elect to the replacement of the Contract without further liability Products or refund of the purchase price against return of the Products. f) In no circumstances shall the Company be liable to the Customerintending Customer for any loss of profits or damages claim from a sub-purchaser which may arise by reasons of the Company’s failure to deliver Products within the time period requested by the Customer or by reason of failure to deliver Products of a specified quality or for any other reason whatsoever.

Delivery. 2.1 The Service Provider Supplier shall deliver the Goods and Services in accordance with any delivery timescales, delivery dates and delivery instructions (to include, without limitation, as to delivery location (including requisition point) and delivery times) set out in the Specification, ORS, the Tender Response Document and in the relevant Order Form or as otherwise agreed with the Authority in writing. 2.2 Provision of the Services shall be complete when the Services have been performed at the time(s) delivery location, within the timescales and date(s) specified to the standards set out in the Specification and relevant Order Form. Unless Form or as otherwise stated agreed with the Authority in the Order Form, where writing. 2.3 Delivery of the Goods are delivered shall be completed when the Goods have been unloaded at the location specified by the Service ProviderAuthority and such delivery has been received by a duly authorised agent, employee or location representative of the point Authority. The Authority shall procure that such duly authorised agent, employee or location representative of delivery shall be where the Goods are removed from the transporting vehicle Authority is at the Premisesdelivery location at the agreed delivery date and times in order to accept such delivery. Where Any arrangement by which the Goods are collected by the CustomerAuthority in return for a discount on the Contract Price shall be agreed by the Parties in writing (where due to an emergency such arrangements cannot be committed to writing prior to collection, the point Parties shall confirm such arrangements in writing as soon as possible following collection). Where the Authority collects the Goods, collection is deemed delivery for the purposes of the Contract. 2.4 The Supplier shall ensure that a delivery note (or collection note in the case of Ex Works Goods and Services or Goods and Services otherwise collected by the Authority by the agreement of the Parties) shall accompany each delivery of the NHS Supply Chain Operated by DHL Supply Chain Limited acting as agent of Supply Chain Coordination Ltd (SCCL) (registered number 00528867) Goods and associated Services. Such delivery note shall contain the information specified in the Specification or as otherwise agreed with the Authority in writing. Where such information requirements as to the content of delivery shall be where notes are not specified or separately agreed, such delivery notes shall, as a minimum, contain the Goods are loaded on Authority’s order number, reference to the Customer’s vehicle. Except where otherwise provided in Framework Agreement, the Contractname and address of the Authority and Supplier, the delivery shall include the unloadinglocation (including requisition point reference, stacking or installation if appropriate) a description and quantity of the Goods and any associated Services, the MPC and/or NPC codes for the Goods and any associated Services, the date or batch numbers, any special handling instructions (including a local reference, if appropriate), the sell by/use by dates, the ASN number and shall show separately any extra agreed charges for containers and/or any other item not included in the Contract Price or, where no charge is made, whether the containers are required to be returned. The Supplier must ensure that no manual amendments (with the exception of the addition of a delivery booking reference) are made to the delivery documents prior to delivery to the Authority. All amendments to delivery documents must be made electronically before delivery. 2.5 Part deliveries and/or deliveries may be refused if any of the circumstances set out in Clause 2.5 of Schedule 5 exist unless the Authority has previously agreed in writing to accept such deliveries. Where delivery of the Goods is refused by the Staff Authority in accordance with this Clause 2.5 of this Schedule 2, the Supplier shall be responsible for all risks, costs and expenses associated with the re-delivery of the Goods in accordance with the agreed delivery times/dates. Where the Authority accepts delivery more than five (5) days before the agreed delivery date, the Authority shall be entitled to charge the Supplier for the costs of insurance and storage of the Goods until the agreed date for delivery. 2.6 Where the Authority agrees to accept delivery of Goods by instalments a Contract shall be construed as a single contract in respect of each instalment and a failure by the Supplier to deliver in accordance with the terms of this Contract shall entitle the Authority, in its reasonable discretion, to treat the whole Contract as repudiated. 2.7 Unless otherwise agreed with the Authority in writing, the Supplier shall be responsible for carriage, insurance, transport, all relevant licences, all related costs, and all other reasonable costs associated with the delivery of the Goods and/or Services to the delivery location and unloading of the Goods at that location and the provision of the Services. Without limitation to the foregoing provision of this Clause 2.6 of this Schedule 2, unless otherwise agreed with the Authority in writing, the Supplier shall be responsible for obtaining all export and import licences for the Goods and shall be responsible for any delays to the delivery time due to such licences not being available when required. In the case of any Goods supplied from outside the United Kingdom, the Supplier shall ensure that accurate information is provided to the Authority as to the country of origin of the Goods and shall be liable to the Authority for any extra duties or taxes for which the Service ProviderAuthority may be accountable should the country of origin prove to be different from that set out in the Specification and the Supplier’s service providers or response to the Specification in the Tender Response Document. NHS Supply Chain Operated by DHL Supply Chain Limited acting as agent of Supply Chain Coordination Ltd (SCCL) (registered number 00528867) 2.8 All third party carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours and sub-contractors engaged to deliver the Goods within and any Services shall at no time be an agent of the time specified in Authority and accordingly the Order Form, failing which Supplier shall be liable to the Customer may release itself from any obligation Authority for the acts and omissions of all third party carriers and sub-contractors engaged to accept and pay for deliver the Goods and/or terminate provide the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing Services to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerAuthority.

Delivery. The Service Provider shall deliver All delivery of goods is not a free mandatory service. Should the Goods at the time(s) and date(s) specified delivery of goods be required, then it must be included in the Order Formplaced by the Customer for the value quoted for such delivery. 8.1. Unless otherwise stated If delivery services were quoted for and is included and accepted in the Order Form, where the Goods are delivered by the Service Providerbuyer, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall Company will use its best reasonable endeavours to deliver the Goods within and/or provide the Services on the Delivery Date(s) at the Delivery Location. Delivery of the Goods shall be complete on the completion of unloading of the Goods at the Delivery Location and the Company shall notify the Buyer on completion of the provision of the Services, which shall be determined by the Company in its sole discretion acting reasonably. 8.2. The Buyer acknowledges and agrees that the Delivery Date(s) specified in an Order accepted by the Company are provisional and approximate only and in no circumstances shall time be or be capable of being made of the essence of the Contract or the Company liable for any failure in delivery of Goods and/or provision of Services caused by an Uncontrollable Event (as defined below) or by a failure in the Buyer to provide the Company with instructions that are relevant to the supply of the Goods and/or Services. 8.3. The Company may deliver the Goods and/or provide the Services in 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 Buyer to cancel any other instalment. 8.4. If the Buyer fails to accept delivery of the Goods or the provision of the Services on the Delivery Date(s), the relevant Goods and/or Services shall be deemed to have been delivered and/or provided (as applicable) in accordance with the terms of the Order on the relevant Delivery Date(s). 8.5. where an Order includes the provision of Services, including but not limited to the installation of Goods at the Delivery Location, the Buyer shall at its sole expense provide on the relevant Delivery Date(s) all such installation space, environment power points and other facilities as the Company has specified in the Order Form, failing which or may at any time reasonably require in order to enable the Customer may release itself from Company to provide the Services and any obligation failure to do so shall be deemed a failure by the Buyer to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies provision of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of Services on the quantity orderedrelevant Delivery Date(s). 8.6. If the Customer elects not Company is, as a consequence of Buyer's failure to accept delivery of the Goods on the Delivery Date(s), required to store, or arrange for the storage of such over-delivered Goods it Goods, the Company shall give notice in writing be entitled to charge the Buyer and the Buyer shall pay to the Service Provider to remove them within five (5) working days Company upon receipt of an invoice for the same any related costs and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted insurance) incurred by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated Company in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalmentsconnection with such storage. 8.7. If the Customer specifies or agrees Buyer fails to delivery by instalments, delivery of any instalment later than accept the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies provision of the CustomerServices on the Delivery Date(s), entitle the Customer Company shall be entitled to terminate the whole reimbursement of any unfulfilled part all costs and expenses incurred by the Company arising out of, or in connection with, the delay in commencing such provision (including, if applicable, the time cost charges of retaining Company personnel at the Delivery Location until such time as the provision of the Contract without further liability Services is accepted), and the Buyer shall pay such amounts to the CustomerCompany upon receipt of an invoice from the Company for the same.

Delivery. (a) The Service Provider risk of loss and/or damage shall deliver the Goods at the time(s) remain with Vendor until final acceptance and date(s) specified in the Order Forminspection of all services or materials by Company. Unless otherwise stated specified on this Purchase Order, all deliveries shall be F.O.B. Destination, with all charges to be paid by Vendor, in such manner as Company may require, except as may otherwise be expressly set forth in this Purchase Order. Vendor shall not divide the Order FormWork in separate shipments without Company’s prior written consent, where and Company shall not be required to accept excess or partial shipments. Vendor acknowledges that time and quantity are of the Goods essence under this Purchase Order, and that times of delivery specified on the reverse side hereof or in any other documents between Vendor and Company to which these Terms and Conditions are delivered incorporated or referenced, are the times of delivery to Company’s designated place of delivery. If a tender of conforming services or goods is not made by the Service Providerdelivery date, the point of delivery Vendor shall have no right to make a later conforming tender, unless expressly agreed to in writing by Company in its sole discretion. (b) All services, materials or goods shall be where the Goods are removed from the transporting vehicle received subject to Company’s right of inspection and rejection. Defective materials or goods, or materials or goods not in accordance with specifications, will be held for Vendor’s instruction at the PremisesVendor’s risk and if Vendor so directs, will be returned to Vendor at Vendor’s expense. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation If inspection discloses that part of the Goods services, materials or goods received are not in accordance with Company’s specifications, Company shall have the right to cancel any unshipped portion of the order. Payment for services, materials or goods covered by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person this Purchase Order prior to inspection shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept not constitute acceptance thereof and pay for the Goods and/or terminate the Contract, in either case, is without prejudice to any other rights and remedies all claims that Company may have against Vendor. Any inspection, acceptance and/or failure to find a defect shall in no way waive any warranties made by Vendor under this Purchase Order. (c) Notwithstanding anything else to the contrary contained in this Purchase Order, (i) Vendor shall only be entitled to an extension of time to perform the Work covered by this Purchase Order with respect to any allowable force majeure event as noted herein, for the same causes for which an extension of time is allowable, and only to the extent actually allowed to Company by the Owner/GC or its representative under the terms of any applicable Prime Contract; (ii) the decision of the Customer. The Customer Owner/GC or its representative, with regard to allowance of any delay or the assessment of liquidated damages with respect to such delay, shall be under no obligation binding upon and chargeable to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing Vendor, subject only to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated dispute procedures provided in the Order Form. Unless expressly agreed to Prime Contract, (iii) the contrary, the Customer Company shall not be obliged liable to accept Vendor for any unforeseeable delays occurring beyond Company’s control or for any delays caused by the Owner/GC or its representative, subcontractors or other suppliers and vendors with respect to the project that is the subject of the applicable Prime Contract (collectively “Third Party Delays”), (iv) the Vendor shall only have the right to seek reimbursement for any damages for any Third Party Delays directly from the Owner/GC at Vendor’s own expense in accordance with any applicable provisions in the Prime Contract, and (v) Vendor’s exclusive remedy for any delay caused by Company shall be limited to an extension of time for such delivery of the Work under this Purchase Order. (d) The goods and services that comprise the Work furnished under this Purchase Order shall be subject to expediting by instalmentsCompany or its representatives. Company’s representatives shall be allowed reasonable access to Vendor’s facilities and those of its suppliers and contractors for expediting purposes. Vendor shall \supply schedules and progress reports for Company’s use in expediting at Company’s request. If the Customer specifies such expediting is required due to delays by Vendor or agrees to delivery by instalmentsits contractors, delivery of any instalment later than the date specified or agreed for its delivery shallsuch expediting shall be at Vendor's sole cost and expense. If such expediting is at Company's convenience, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customersuch expediting shall be at Company 's sole cost and expense.

Delivery. 3.1 The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery Work shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contractquantities, delivery shall include the unloading, stacking or installation of the Goods by the Staff or times and at the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified Location strictly in accordance with the Order Form, failing which the Customer may release itself from any obligation to accept or otherwise agreed with us and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer we shall not be obliged to accept any incomplete delivery by instalmentsor any Work in excess of the amounts ordered. If the Customer specifies Work requires the carrying out of tests or agrees to delivery the instalment of goods, after receipt by instalmentsus, delivery shall not be deemed to be complete until such tests have been passed or any goods installed to our unconditional satisfaction and you shall provide us upon request with copies of all test reports and all data discovered as a result of testing. 3.2 Time for provision of the Work shall be of the essence. You shall notify us if any instalment later than delivery or performance is likely to be delayed beyond the date specified date. Failure by you to notify any likely delay shall entitle us to terminate without liability for all or agreed part of the Agreement and/or to compensation for its delivery shall, without prejudice any losses resulting from such failure and delay. 3.3 In addition to any other rights right we may have under the Agreement or remedies any other contract between us, we shall be entitled to postpone the date of delivery for whatever period we think fit upon giving notice in writing to you provided that we pay you your reasonable additional charges as in the Customer, entitle the Customer to terminate the whole of any unfulfilled circumstances we shall in our reasonable discretion think fit. 3.4 You must ensure all goods delivered as part of the Contract without further liability Work are suitably packaged and we shall not be obliged to return any packaging materials for any goods whether or not they are accepted by us. However, you shall remove all such packaging promptly following our request. 3.5 If the Work is delivered or performed in instalments, the Agreement shall be treated as a single contract and not severable. 3.6 You shall liaise with us (and any third parties designated by us) regularly and at our request in connection with the Work. You shall provide to us access to the CustomerWork at all key stages in its development or performance. You shall not depart from the Order for the Work unless you have obtained our written approval. You shall make all and any amendments to the Work required by us and 3.7 If an inspection at any time after delivery by us establishes that all or any part of the Work supplied does not comply with all the requirements of these terms and conditions we may (without limitation) reject the Work supplied, return it to you and require a replacement or rectification, or require re-performance of the Work and in each case recover our loss, costs and expenses from you. 3.7 If we install any Work supplied to us, you shall supply in advance of delivery a functional description of each part of the Work, together with sufficient drawings and instructions to allow us to install, operate and maintain the Work including details of any special environmental controls required to ensure that the Work meets any relevant specification. 3.8 You shall remit a certificate of conformance with any relevant specification confirming conformance with all appropriate regulatory approvals and health and safety requirements.

Delivery. 7.1 The Service Provider Supplier shall deliver provide the Goods at Goods/Services, on the time(s) and date(s) specified in the Order Form. Unless otherwise Contract/Purchase Order. 7.2 The Goods/Services shall be delivered in the manner and quantity required by the Customer (which may be by instalments). 7.3 The Supplier shall, where applicable, be responsible for arranging carriage of the Goods/Services at the entire cost and risk of the Supplier. 7.4 The Supplier shall use all reasonable endeavours to deliver the Goods/Services to the premises stated in the Order Form(and/or, in the case of electronic delivery of Goods/Services, to the email address or other electronic location as agreed) and/or to supply the Services by any delivery date specified on the Contract. 7.5 The Goods/Services shall be deemed not to have been delivered unless and until the Customer has signed a delivery note acknowledging delivery (and, if required by the Contract/Purchase Order, installation) of the Goods/Services; (and for the avoidance of doubt where the Goods Goods/Services are to be delivered by instalments the Service Provider, the point of relevant delivery note for deemed delivery shall be where the Goods are removed from one signed on delivery of the transporting vehicle final instalment) or, in the case of electronic delivery of Goods, the Supplier receives confirmation of receipt. 7.6 The Supplier shall notify the Customer immediately on becoming aware that it may be unable to deliver or install the Goods/Services to or at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided premises specified in the Contract, delivery shall include /Purchase Order on the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the day and/or time specified in the Contract or in accordance with any instructions specified. 7.7 In the event of any failure on the part of the Supplier to deliver the Goods/Services in accordance with this Contract/Purchase Order Form, failing which the Customer may release itself (without prejudice to its other rights under this Contract/Purchase Order): 7.7.1 terminate this Contract/Purchase Order as set out in Clause 26 (Termination); or 7.7.2 specify by written notice to the Supplier such revised delivery date(s)/days and/or times as it sees fit, or 7.7.3 Order from an Alternative Supplier. Any additional costs will be passed to the Contracted Supplier. 7.8 In the case that any obligation of the Goods/Services delivered by the Supplier are not in accordance with the terms of this Contract/Purchase Order the Customer shall have the right to accept reject such Goods/Services within a reasonable time and pay for to purchase Goods/Services elsewhere as near as practicable to the Goods and/or terminate the Contract, in either case, same specification and conditions as circumstances shall permit without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing right which the Customer may dispose have against the Supplier; and the making of such Goods and charge payment shall not prejudice the Service Provider for the costs Customer right of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. rejection. 7.9 The Customer shall be under no obligation have the right to accept or pay for require the Supplier, at the Supplier’s own risk and expense, to collect and replace any rejected Goods supplied earlier than and if the date for delivery stated in Supplier does not remove the Order Form. Unless expressly agreed to rejected Goods within the contrary, advised timescale the Customer shall not be obliged entitled to accept delivery by instalments. If arrange for the removal of the Goods and to charge the cost of the removal to the Supplier. 7.10 In the event that the Customer specifies rejects any Goods it may (at its absolute discretion): 7.10.1 terminate this Contract/Purchase Order or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, part thereof without prejudice to any other its existing rights and remedies; and/or 7.10.2 recover as a debt due from the Supplier all extra costs and expenses arising from or remedies in connection with the rejection of the CustomerGoods including, entitle but not limited to, the Customer to terminate the whole cost of any unfulfilled part of the Contract without further liability purchasing alternative as close to the Customerspecification as possible Goods/Services from elsewhere.

Delivery. The Service Provider 8.1 If Goods are to be delivered by Netcom to the Customer, such Goods shall deliver be delivered to the location set out in the Order. Unless it is otherwise agreed in writing, such Goods shall be delivered by any means chosen by Netcom and Netcom shall not be under any obligation to provide personnel, plant or power to assist the unloading of the Goods. 8.2 If the Customer is unable to take delivery of the Goods, Netcom may at its sole discretion store the Goods at its risk, but may be entitled to charge the time(s) Customer its reasonable costs for doing so. 8.3 Netcom shall make reasonable endeavours to avoid delay but no responsibility is undertaken for meeting any specific delivery dates. Accordingly, no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery whether brought about by a cause beyond the control of Netcom or not. 8.4 Netcom shall be entitled to deliver the Goods, Rented Equipment or Loaned Equipment in one or more consignments unless otherwise agreed. 8.5 The Customer shall inspect the Goods immediately on delivery thereof and date(s) specified in shall within two Working Days from such delivery give Netcom notice of any matter or thing by reason whereof the Order Form. Unless otherwise stated in the Order Form, where Customer may allege that the Goods are delivered by not in accordance with the Service Provider, the point of delivery shall be where the Goods Contract or are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided defective in the Contract, delivery shall include the unloading, stacking material or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedworkmanship. If the Customer elects not fails to accept give such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain be conclusively presumed to be in all respects in accordance with the Service Provider unless they are accepted by Contract and free from any defect which would be apparent on any reasonable examination and the Customer. The Customer shall be under no obligation deemed to accept or pay for any have accepted the Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalmentsaccordingly. If the Customer specifies establishes to Netcom's reasonable satisfaction that the Goods are not in accordance with the Contract or agrees are so defective, Netcom may elect to delivery by instalments, delivery of any instalment later than repair the date specified Goods or agreed for its delivery shall, without prejudice to any other rights replace the Goods or remedies to refund the purchase price against the return of the Customer, entitle Goods. 8.6 If the Goods are lost or damaged in transit the Customer to terminate shall notify both Netcom and the whole of any unfulfilled part carrier of the Contract without further liability to loss or damage within two Working Days of the delivery. 8.7 Netcom shall not be responsible for the installation of Goods, Rented Equipment or Loaned Equipment at the Customer’s site under the terms of this Supplement, unless otherwise agreed.

Delivery. 4.1 The Service Provider Supplier shall deliver ensure that: (a) the Goods at are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the time(s) Goods is accompanied by a delivery note which shows: the date of the Order, the Order number (if any), the type and date(squantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any), any labelling requirements (such as barcoding) specified in the Order Form. Unless otherwise stated in the Order Formand, where if the Goods are being delivered by the Service Providerinstalments, the point outstanding balance of Goods remaining to be delivered; (c) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall be returned to the Supplier at the cost of the Supplier. 4.2 Unless delayed by Force Majeure, time for delivery shall be where of the Goods are removed from essence. The Supplier shall deliver the transporting vehicle at Goods: (a) on the Premises. Where date specified in the Goods are collected Order, or, if no such date is specified, within 28 days of the date of the Order; (b) to such location as is set out in the Order, or as instructed by the Customer prior to delivery (Delivery Location); and (c) during the normal business hours of the Customer, or as instructed by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation . 4.3 Delivery of the Goods by shall be completed on the Staff completion of unloading the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its discretion reject the Goods or the Service Provider’s service providers excess Goods, and any rejected Goods shall be returnable at the risk and expense of the Supplier. If the Supplier delivers more or carriers at such place as less than the quantity of Goods ordered, and the Customer or other duly authorised person accepts the delivery, a pro rata adjustment shall reasonably direct. be made to the invoice for the Goods. 4.5 The Service Provider Supplier shall use its best endeavours to not deliver the Goods within in instalments without the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies prior written consent of the Customer. The Customer shall Where it is agreed that the Goods are to be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment later than the date specified on time or agreed for its delivery shall, without prejudice to at all or any other rights or remedies of the Customer, defect in an instalment shall entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerremedies set out in clause 5.

Delivery. 4.1 The Service Provider Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 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) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Order, or, if no such date is specified, within 28 days of the date of the Order (Delivery Date); (b) to the Customer's premises at Davy Industrial Park, Xxxxxx Xx Xxxxx Xxxx, Xxxxxxxxx, Xxxxxxx X0 0XX or such other location as is set out in the Order, or as instructed by the Customer prior to delivery (Delivery Location); and (c) during the Customer's normal business hours, or as instructed by the Customer. 4.3 The time of delivery of the Goods is of the essence of the Contract. 4.4 Delivery of the Goods shall be completed on the completion of unloading the Goods at the time(s) and date(s) specified Delivery Location. 4.5 The Supplier shall not deliver the Goods in instalments without the Order FormCustomer's prior written consent. Unless otherwise stated in the Order Form, where Where it is agreed that the Goods are to be delivered by instalments, they may be invoiced and paid for separately. However, failure by the Service Provider, Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the point of delivery shall be where Customer to the remedies set out in clause 4.6. 4.6 If the Goods are removed not delivered on the Delivery Date, or do not comply with the undertakings set out in clause 3.1, then, without limiting any of its other rights or remedies, the Customer shall have the right to any one or more of the following remedies, whether or not it has accepted the Goods:‌ (a) to terminate the Contract; (b) to reject the Goods (in whole or in part) and return them to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods within 7 days; (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the transporting vehicle at Supplier any costs incurred by the Premises. Where Customer in obtaining substitute goods from a third party; and (f) to claim damages for any other costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to carry out its obligations under the Contract. 4.7 If the Goods are collected by not delivered on the Customer, Delivery Date the point Customer may at its option claim or deduct 2 per cent of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation price of the Goods for each week's delay in delivery by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours way of liquidated damages, up to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies a maximum of 10 per cent of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess total price of the quantity orderedGoods. If the Customer elects not to accept such over-delivered Goods exercises its rights under this clause 4.7, it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice entitled to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part remedies set out in clause 4.6 in respect of the Contract without further liability Goods' late delivery (but such remedies shall be available in respect of the Goods' condition).‌ 4.8 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. 4.9 The Customer's rights and remedies under these Conditions are in addition to its rights and remedies implied by statute and common law.

Delivery. The Service Provider 7.1 Unless otherwise agreed, goods shall deliver be delivered to the Goods customer, at the time(s) supplier’s premises. 7.2 The customer shall be responsible for procuring and date(s) specified arranging the transportation of the goods from the supplier’s premises to any destination required by the customer. 7.3 Delivery shall be completed when the goods are handed to the customer or its agent at the supplier’s premises and before loading commences. 7.4 After completion of delivery, the supplier shall not be responsible for the arrival of the goods at their destination or for any loss or damage to the goods from any cause whatsoever, while in transit. 7.5 Should the supplier at the customer’s request agree to engage a carrier to transport the goods for the customer then:- 7.5.1 the supplier is authorized to engage a carrier on such terms and conditions as it deems fit; 7.5.2 the customer shall indemnify the supplier against all demands and claims, which may be made against it by the carrier so engaged and all liability, which the supplier may incur, to the carrier arising out of the transportation of the goods. 7.6 The risk in the Order Formgoods ordered by the customer shall pass to the customer upon delivery. 7.7 If the customer fails to take delivery of the goods when delivery falls due, the supplier shall be considered to have tendered and the customer to have refused to accept delivery. Unless otherwise In this event, the costs of storing the goods shall be for the customer’s account and shall be paid by the customer to the supplier on demand and the risk in the goods shall pass to the customer (if for any reason it has not yet passed to the customer). 7.8 The supplier does not guarantee timeous delivery for the supply of the goods on any specified date, but will endeavor to give delivery on the date stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided contract. 7.9 Notwithstanding any other provision in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed contract to the contrary, the Customer supplier’s obligation to deliver the goods shall in all cases be subject to the following conditions precedent:- 7.9.1 the availability to the supplier of all materials and supplies required for the manufacture of the goods or their components, where the goods or components in question are being manufactured by the supplier; 7.9.2 the timeous receipt by the supplier from its own suppliers of the goods or their components, where the goods or components in question are being purchased by the supplier; 7.10 Time shall not be obliged of the essence of the contract and the delivery dates shall be treated as approximate only and the supplier does not guarantee the supply of the goods on any specified date. Under no circumstances shall the customer be entitled to accept delivery by instalments. If withdraw from or terminate the Customer specifies or agrees to delivery by instalments, delivery contract on account of any instalment later than the date specified delay in delivery or agreed for its delivery shall, without prejudice to have any other rights or remedies of the Customer, entitle the Customer to terminate the whole claim of any unfulfilled part of nature whatsoever against the Contract without further liability to the Customersupplier arising from late delivery.

Delivery. The Service Provider On each Closing Date, subject to the terms and conditions hereof, the Company shall deliver the Goods at the time(sto each Purchaser (i) and date(s) specified stock certificates, registered in the Order Form. Unless otherwise stated name of the Purchaser, representing the Shares to be purchased by the Purchaser from the Company, and (ii) warrant certificates, registered in the Order Formname of the Purchaser, where representing the Goods are delivered Warrants purchased by the Service ProviderPurchaser, each dated as of the relevant Closing Date, against payment of the purchase price therefor (the "Payment") by wire transfer or previously cleared check, unless other means of payment shall have been agreed upon by the Purchaser and the Company. The undersigned understands that payments by check as provided in this Paragraph 2.2 shall be delivered to Mintz Levin Cxxx Xexxxx Gxxxxxx xxx Pxxxx X.C., ax xxx escrow agent and, thereafter, such payment will be deposited as soon as practicable in an escrow account for the undersigned's benefit. The wire transfer shall be made to Mintz Levin Cxxx Xexxxx Gxxxxxx xxx Pxxxx, X.C., xx xxcrow agent in accordance with the wire transfer instructions attached as Exhibit A hereto. The Payment will be made on or prior to the relevant Closing Date. The Payment (or, in the case of the rejection of a portion of the undersigned's subscription, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract Payment relating to such rejected portion) will be returned promptly, without further liability interest or deduction, if the undersigned's subscription is rejected in whole or in part. Any Payment made by the Purchaser prior to the CustomerInitial Closing and/or any subsequent Closing is based on an estimated price per share of Common Stock of $3.00. The Purchaser agrees to remit to the Company on the Initial Closing and/or any Interim Closing the balance of the Payment if the Offering Price is greater than $3.00 per share. The Company agrees to promptly remit to the Purchaser any excess Payment made by such Purchaser if the Offering Price is less than $3.00 per share. Each party hereto shall deliver or cause to be delivered at or prior to the Closing Date an executed copy of the Registration Rights Agreement between the Company and the Purchaser and the Company shall deliver to each Purchaser a fully-executed copy of the Agreement.

Delivery. 5.1. The Service Provider Supplier shall deliver the Goods at to the time(s) and date(s) specified location set out in the Order Formor such other location as the parties may agree (“Delivery Location”). 5.2. Unless otherwise stated in the Order Form, where There will be delivery surcharges for Goods which are delivered using special delivery services. 5.3. The Customer shall accept the Goods when they are delivered by tendered for delivery at the Service ProviderDelivery Location. The Customer shall provide such access, personnel, facilities and assistance as may be required to facilitate the point safe unloading of delivery shall be where the Goods are removed from the transporting vehicle at the PremisesDelivery Location. Where The Supplier may decline to deliver if the Supplier believes that it would be unsafe, unlawful or unreasonably difficult to do so; or the premises (or access to them) are unsuitable for delivery vehicle(s). 5.4. Delivery is completed either on the completion of the unloading of the Goods are collected by at the Customer, Delivery Location (if the point of delivery shall be where Supplier is arranging carriage) or when the Goods are loaded on at the Supplier premises (if the Customer is collecting Goods or arranging carriage). 5.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier accepts no liability for delays in delivery due to reasons outside Supplier control e.g., severe weather events, acts of God and statutory restrictions or any loss or damage caused in transit. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event, the Customer’s vehiclefailure to comply with any of the requirements of clause 5.3, 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. Except where otherwise provided in If the Contract, Customer accepts delivery shall include the unloading, stacking or installation of the Goods after the estimated delivery time, it will be on the basis that the Customer has no claim against the Supplier for delay (including indirect or consequential loss or increase in the price of the Goods). 5.7. If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Staff or Customer in obtaining replacement goods of similar description and quality in the Service Provider’s service providers or carriers at such place as cheapest market available, less the Customer or other duly authorised person shall reasonably directprice of the Goods. The Service Provider Supplier shall use its best endeavours have no liability for any failure to deliver the Goods within to the time specified in extent that such failure is caused by a Force Majeure Event, the Order FormCustomer’s failure to comply with any of the requirements of clause 4.2, failing which or the Customer may release itself from any obligation Customer’s failure to accept and pay for provide the Goods and/or terminate the Contract, in either case, without prejudice to Supplier with adequate delivery instructions or any other rights and remedies instructions that are relevant to the supply of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedGoods. 5.8. If the Customer elects not fails to take or accept such over-delivered delivery of the Goods it shall give notice in writing to within three (3) Business Days of the Service Provider to remove them within five (5) working days and to refund to Supplier notifying the Customer any that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or 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 after the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until actual delivery takes place and may charge the Customer for all related costs and expenses incurred by it as a result of such over-delivery (including but not limited insurance). 5.9. If the Supplier delivers up to and including 3% more or less than the costs quantity of moving and storing the Goods), failing which Goods ordered the Customer may dispose not reject them, but on receipt of such notice from the Customer that the wrong quantity of Goods and charge was delivered, a pro rata adjustment shall be made to the Service Provider for the costs of such disposalOrder invoice. 5.10. The risk in any over-delivered Supplier may deliver the Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, which shall be invoiced and paid for separately. Each instalment is treated as a separate contract and payment(s) for each instalment shall be condition precedent to future deliveries. Any delay in delivery of any or defect in an instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, shall not entitle the Customer to terminate the whole of cancel any unfulfilled part instalment. The failure of the Contract without Customer to pay any one or more of the instalments shall entitle the Supplier to treat such failure as a repudiation of the Order by the Customer and it may repudiate such further liability to the Customerperformance and recover damages for breach of contract.

Delivery. (a) The Service Provider Supplier shall endeavour to deliver Goods to the Goods at agreed delivery location on the time(s) and date(s) specified in the Order Formagreed delivery date, but any such date is approximate only. Unless otherwise stated in the Order FormIf no dates are so specified, where the Goods are delivered by the Service Provider, the point of delivery shall be where within a reasonable time of acceptance of the Goods are removed from relevant Service Specification. Time is not of the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on essence as to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by and the Staff Supplier is not in any circumstances liable for any delay in delivery, however caused. (b) Delivery shall be made during Normal Business Hours (excluding bank or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directpublic holidays). The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer Supplier may release itself from levy additional charges for any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of deliveries made outside such hours at the Customer. 's request. (c) The Customer shall be under no obligation to accept or pay responsible (at the Customer's cost) for any Goods supplied in excess preparing the delivery location for the delivery of the quantity orderedGoods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods (if applicable). If the Supplier is prevented from carrying out delivery or installation on the specified date because no such preparation has been carried out, the Supplier may levy additional charges to recover its loss arising from this event. (d) The Customer elects not shall be deemed to accept such over-delivered have accepted the Goods it shall give notice in writing to when the Service Provider to remove them within Customer has had five (5) working days and to refund inspect it after delivery. (e) 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 Customer any expenses incurred extent that such delay is due by it as a result of such over-delivery (including but not third party for which the Supplier shall have no liability, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of moving similar description and storing 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: (i) a delay from the manufacturer, failing Third Party Supplier or other third party; (ii) an event of Force Majeure; or (iii) 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. (f) 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 such 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 Service Provider Customer for any shortfall below the costs price of such disposal. the Goods. (g) The risk in any over-delivered Supplier may deliver Goods by instalments, which shall remain with the Service Provider unless they are accepted by the Customerbe invoiced and paid for separately. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall may not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery cancel an instalment because of any instalment later than the date specified delay in delivery or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdefect in another instalment.

Delivery. The Service Provider shall deliver 8.1 Where the Goods at Customer's order has been placed in the time(s) manner described in clauses 3.3.1 or 3.3.2, subject to anything specified to the contrary in the Sales Sheet or otherwise agreed and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service ProviderConfirmation, the point of delivery Contract shall be where the Goods are removed from the transporting vehicle Ex Works (Incoterms 2010) at the PremisesSupplier's premises and Delivery of the Products shall be effected accordingly. Where Additional details regarding the Goods are collected physical Delivery of the Products (including the date of collection by the Customer) may be agreed between the parties and set out in the Sales Sheet and/or Confirmation. 8.2 Where the Customer's order has been placed in the manner described in clause 3.3.3 (but subject to clause 8.3), Products will be sent to the Customer by a carrier service chosen by the Supplier, acting reasonably. Delivery of the Products to the Customer shall be effected by the Supplier delivering the Products to the carrier or by collection by the carrier. Thereafter, transport of such Products shall be subject to the carrier's conditions which shall be notified to the Customer if the Customer requests, and, subject to clause 10.1, the point Supplier shall have no liability for the acts or omissions of the relevant carrier, unless otherwise agreed and specified in the Confirmation. The Supplier may deliver Products earlier than any agreed delivery date. 8.3 Where it is agreed and specified in the Confirmation that Products ordered in the manner described in clause 3.3.3 shall be where delivered by a method other than that referred to in clause 8.4 The remainder of this clause 8 shall apply to all Contracts regardless of the Goods are loaded on to manner in which the order was placed by the Customer’s vehicle. Except where . 8.5 Unless otherwise provided set out in the ContractSales Sheet or Confirmation, delivery shall include the unloading, stacking any periods of time or installation dates quoted for Delivery of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directProducts are estimates only. The Service Provider shall Supplier will use its best reasonable endeavours to deliver the Goods within Products by the time delivery date set out in the Sales Sheet or Confirmation (as applicable). If the Supplier is unable to meet the delivery date because of an event outside the Supplier's control, the Supplier will contact the Customer with a revised delivery date. 8.6 The Supplier may deliver up to 10 percent more or 10 percent less than the quantity of Products specified in the Order Formorder and the Customer shall accept such variation in quantity and shall pay the agreed price as adjusted to reflect such variation in quantity. Where more than 10 percent or less than 10 percent of the quantity of Products specified in the order are delivered, failing the Customer and the Supplier shall discuss the excess supply or short supply (as the case may be) and (a) in the case of an excess supply: (i) if the Customer wishes to keep the additional Products, the Customer shall pay the agreed price as adjusted to reflect excess 8.7 The Supplier shall not be responsible for any losses incurred or suffered by the Customer as a result of a failure to deliver the Products or for short Delivery unless the Customer has informed the Supplier in writing within 12 days from the estimated date of Delivery (in relation to a failure to deliver) or on the actual date of Delivery (in relation to a short Delivery). In any event, where for any reason the Supplier is liable to the Customer for any such losses, the Supplier's liability shall be limited to: (i) the amount by which the price in the cheapest available market of similar goods to replace those not delivered exceeds the agreed price of the Products not delivered, or (ii) if there is no such market, an amount equal to the agreed price applicable in respect of the Products not delivered. 8.8 Where the Customer may release itself from fails to take Delivery of the Products or fails to give the Supplier adequate Delivery instructions in advance of the time stated for Delivery (other than by reason of any obligation cause beyond the Customer's reasonable control or by reason of the Supplier's neglect or default) then the Products shall be deemed to accept and pay have been delivered at the time stated for the Goods and/or terminate the Contract, in either caseDelivery and, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept right or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing remedy available to the Service Provider to remove them within five Supplier, the Supplier may: (5i) working days and to refund to store the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods Products until actual Delivery and charge the Service Provider Customer for the reasonable costs (including insurance) of such disposal. The risk in storage, if applicable but without any over-delivered Goods obligation on the Supplier to procure insurance, or (ii) where the Customer has failed to take Delivery of the Products on or before the seventh day following the intended day for Delivery, sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) shall remain with reimburse the Service Provider unless they are accepted Customer if the agreed price has already been paid by the Customer. The Customer shall be under no obligation to accept or pay invoice the Customer for any Goods supplied earlier than shortfall below the date for delivery stated agreed price if payment has not yet been made. 8.9 Where the Products are to be delivered in instalments, each Delivery shall constitute a separate obligation and neither any failure by the Order Form. Unless expressly agreed Supplier to the contrary, deliver nor any claim in respect of any one or more instalments by the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate treat the Contract as a whole of any unfulfilled part as repudiated. 8.10 If, upon Delivery of the Contract without further liability Products, the Customer discovers that it has incorrectly ordered those Products, the Supplier's standard handling charge from time to time will be payable by the Customer if the Supplier agrees (at its sole discretion) to accept return of those Products (at the Customer's risk).

Delivery. The Service Provider (a) Delivery shall deliver take place when the Goods Products are delivered to the Buyer’s premises or other delivery location agreed between the Company and the Buyer except that if the Buyer collects or arranges collection of the Products from the Company’s premises, or nominates a carrier for the Products delivery shall take place when the Products are loaded at the time(sCompany’s premises. (b) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of Time for delivery shall not be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods essence unless previously agreed by a director of the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directCompany in writing. The Service Provider shall Company will use its best endeavours to deliver complete delivery on or before any delivery dates requested by the Goods within Buyer or estimated by the time specified Company but will not be liable for any delay in delivery or for any consequential or indirect loss arising from any such delay. (c) The Buyer shall accept immediate delivery or arrange to collect the Order FormProducts or arrange suitable storage, failing which the Customer Company may release itself from any obligation to accept either: (i) effect delivery by whatever means it thinks most appropriate; or (ii) arrange storage at the Buyer’s risk and pay for expense pending delivery; or (iii) re-sell or otherwise dispose of the Goods and/or terminate the Contract, in either case, Products without prejudice to any other rights the Company may have against the Buyer for breach of contract or otherwise. (d) Where the agreement provides for delivery by instalments each instalment shall constitute a separate contract and remedies any failure or defect in any one or more instalments delivered shall not entitle the Buyer to repudiate the agreement nor to cancel any subsequent instalments. (e) The Buyer shall not be entitled to reject the Products by reason only of short delivery (f) The quantity of the Customer. The Customer Products delivered under the Contract shall be under no obligation to accept recorded by the Company representative upon despatch/installation from the Company’s factory or pay for any Goods supplied in excess warehouse and the Company’s record shall be accepted by the Buyer as conclusive evidence of the quantity ordereddelivered in good condition. (g) Subject to Clause 9(a) below, it is the Buyer’s responsibility to notify the Company if the Products have not been received by the Buyer within five days of the date of receipt of the Company’s invoice. If no notification is made the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer Buyer shall be under no obligation deemed to accept or pay for any Goods supplied earlier than have received the date for delivery stated Products in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customergood condition.

Delivery. The Service Provider 7.1 Delivery of the Goods shall deliver be made by the Seller delivering the Goods to the address specified by the Buyer in the Order or if no address is specified and at the discretion of the Seller delivery of the Goods may be made by the Buyer collecting the Goods at the time(s) and date(s) specified in Seller’s premises at any time after the Order Form. Unless otherwise stated in Seller has notified the Order Form, where Buyer that the Goods are ready for collection. The Seller will deliver the Goods to the main entrance/goods inward dept. of the delivery address. 7.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Service Provider, Seller in advance of the point of quoted delivery shall be where the Goods are removed from the transporting vehicle at the Premises. date. 7.3 Where the Goods are collected to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Customer, Seller to deliver any one or more of the point instalments in accordance with these Terms or any claim by the Buyer in respect of delivery any one or more instalments shall be where not entitle the Goods are loaded on Buyer to treat the Customer’s vehicle. Except where otherwise provided Contract as a whole as repudiated. 7.4 The Seller reserves the right to deliver in bulk if in its opinion the Contract, delivery shall include the unloading, stacking quantity or installation value of the Goods by is uneconomical to deliver in separate instalments. 7.5 If the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Seller fails to deliver the Goods within (or any instalment) for any reason other than any cause beyond the time specified in Seller’s reasonable control or the Order FormBuyer’s fault, failing which and if the Customer may release itself from any obligation Seller is accordingly liable to accept and pay for the Goods and/or terminate Buyer, the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer Seller’s liability shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs excess (if any) of moving the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods (save that the Seller shall not be liable to the Buyer for failure to deliver the Goods or any instalment ordered through the Website unless the Goods have been dispatched to the Buyer and storing therefore the GoodsContract has come into existence). 7.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, failing which without limiting any other right or remedy available to the Customer may dispose of such Seller, the Seller may: 7.6.1 store the Goods until actual delivery and charge the Service Provider Buyer for the reasonable costs (including insurance) of such disposal. storage; or 7.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. 7.7 The risk Seller may in any over-delivered Goods shall remain with its sole discretion vary the Service Provider unless they are accepted dates of delivery if so requested to do so by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier Buyer provided that the Buyer makes such a request in Writing at least 60 days before the due date of delivery and the revised delivery date is not more than one calendar month after the due date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdelivery.

Delivery. The Service Provider Supplier shall Deliver the Goods and provide the Services in accordance with the Implementation Plan and Milestones. The issue by the Customer of a receipt note for delivered Equipment shall not constitute any acknowledgement of the condition, quantity or nature of that Equipment. Time of delivery in relation to commencing and/or supplying the Goods and Services shall be of the essence and if the Supplier fails to deliver the Goods at and Services within the time(s) and date(s) time specified in accordance with clause 5.1.1 and paragraph 5.1 of the Order Form and without prior written Approval, the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Customer. Except where otherwise provided in the Contract, the Goods shall be installed and the Services provided by the Staff or the Sub-contractors at such place or places as set out in paragraph 2.2 of the Order Form. Unless otherwise stated in the Order Form, where Where the Goods are delivered by the Service ProviderSupplier, the point of delivery shall be where when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where when the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service ProviderSupplier’s service providers suppliers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver In the event that not all of the Goods within and Services are Delivered by the time relevant Milestone Dates specified in the Order Form, failing which Implementation Plan ("Undelivered Goods and Services") then the Customer may release itself from any obligation shall be entitled to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies withhold payment of the CustomerContract Charges for any Goods and Services that were not Delivered in accordance with the corresponding Milestone Date until such time as the Undelivered Goods and Services are Delivered. The Customer shall be under no obligation to accept or pay for any Goods supplied Delivered in excess of the quantity orderedspecified in paragraph 2 of the Order Form. If the Customer elects not to accept such over-delivered Delivered Goods it shall give notice in writing to the Service Provider Supplier to remove them within five (5) working days Working Days and to refund to the Customer any expenses incurred by it the Customer as a result of such over-delivery Delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider Supplier for the costs of such disposal. The risk in any over-delivered Delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerSupplier.

Delivery. The Service Provider a) Delivery dates mentioned in any quotation or acceptance form or elsewhere are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Purchaser in respect of any failure to deliver on any particular date or dates. If a delivery shall not have taken place within a reasonable time the Seller liability shall be limited to the value of the Goods at the time(s) and date(s) specified in the Order FormSeller’s quotation. b) If the Purchaser refuses or fails to take delivery of Goods tendered and in accordance with the Contract the Seller shall be entitled to immediate payment in full for the Goods tendered. Unless otherwise stated The Seller shall be entitled to store at the risk of the Purchaser any of which the Purchaser refuses or fails to take delivery and the Purchaser in addition to the purchase price pays all costs of such storage and any additional costs of carriage incurred as a result of such refusal and failure. Refusal by the Purchaser to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller’s right to recover damages for such refusal. c) The Goods shall unless delivered by the Seller’s own transport or by carrier on behalf of the Seller be deemed to have been delivered and the risks therein to have passed to the Purchaser upon their transfer to the carrier named by the Purchaser or (in the Order Form, where case of delivery “ex works”) upon the Seller notifying the Purchaser that the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. available for collection. d) Where the Goods are collected to be delivered by a carrier on behalf of the Customer, Seller the point risk therein shall pass to the Purchaser upon delivery. The Seller shall advise the Purchaser of delivery the schedule date of dispatch from the Seller’s works and unless the Purchaser notifies the Seller in writing within forty-eight hours the Seller shall not be where liable for any loss of or damage to the Goods are loaded on to in transit nor the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation failure of the Goods by to be delivered and such Goods shall be deemed to have been delivered in good order and condition. e) In the Staff case of the Contract of any order involving more than one delivery default is made in payment on the due date, the Seller shall have the right to suspend all or the Service Provider’s service providers any further deliveries pending payment or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, Contract in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give its entirety by notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerPurchaser.

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) 7.1 Unless otherwise specified in the Order Form. Unless otherwise stated Schedule hereto, the Product shall be Delivered to the Buyer in bulk FOB at the Order FormDelivery Point, where the Goods are delivered onto Vessel(s) to be provided by the Service ProviderBuyer. 7.2 Notwithstanding the Seller’s right to retain the shipping documents until payment, the point of delivery Delivery shall be where complete when the Goods are removed Product has passed the flange connection between the delivery hose and the permanent hose connection of the Vessel at the Delivery Point (“Delivery), upon which ownership and risk shall pass from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on Seller to the Customer’s vehicle. Except where otherwise provided Buyer as contemplated in clause 9.1 below. 7.3 Buyer shall not return the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Product to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay Seller for any Goods supplied in excess of reason whatsoever unless the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice Parties have agreed in writing to such return and the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated conditions thereof. 7.4 Notwithstanding anything elsewhere in the Order Form. Unless expressly agreed Agreement to the contrary, save where the Customer shall not be obliged failure to accept or take delivery is caused by instalments. If the Customer specifies wilful misconduct or agrees negligence of the Seller, if the Buyer fails to delivery by instalments, accept or take delivery of any instalment later than quantity of the date specified Product made available for Delivery at the Delivery Point, or agreed for its delivery shallthe Seller is unable to deliver the Product on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, then: 7.4.1 without prejudice to any other rights or remedies which Seller may have in law against Buyer, Seller may, at its sole and irrevocable option, either: i) store the undelivered quantity of the CustomerProduct until Delivery, entitle the Customer to terminate the whole of any unfulfilled part whereupon Buyer will be liable for all related costs and expenses (including without limitation storage and insurance) or ii) Seller shall dispose freely of, and may sell or otherwise dispose of, such undelivered quantity of the Contract without further liability Product at its sole and absolute discretion. The provisions of this sub-clause 7.4.1 shall apply whether Buyer is to receive one, or more than one, Shipment hereunder; and 7.4.2 Buyer may not suspend payment for the Product. 7.5 Subject to the Customerlimitation of liability provision in clause 15, loss of, or damage to, the Product occurring, during or after the loading operations, which is caused by the Vessel, the Vessel’s owner, or the Buyer or any of their respective contractors, agents or employees, shall be for the account of the Buyer. 7.6 Each Party shall maintain documentary records of all Deliveries, on the basis provided for in this Agreement and otherwise in accordance with reasonable best practice in the Product supply industry.

Delivery. (a) All deliveries of Products will be made to the -------- FOB point. The Service Provider shall deliver Owner will specify the Goods at the time(s) and date(s) specified in the Order Formdesired method of shipping. Unless otherwise stated agreed in writing, the Owner will pay for all shipping, freight, insurance and other similar charges incurred in connection with such deliveries. In the absence of written shipping instructions from the Owner, the Vendor will select the carrier and insurance company at the Owner's expense, taking into account the charges levied by the carriers and insurance companies under consideration, and will ship Products utilizing ground transportation; provided that, in the Order Formabsence of prior shipping -------- ---- instructions, where the Goods are Vendor will use reasonable efforts to contact the Owner to request such shipping instructions prior to making any such selections. (b) The Owner will inspect and either accept or reject all Products in whole or in part within ten (10) Business Days after the date of receipt at the delivery location applicable to such Products pursuant to the terms of this Agreement. If the Owner fails to reject any Product delivered within such period, the Owner shall be deemed to have accepted such Product; provided, -------- however, that any such acceptance will in no event limit, modify, waive or - - ------- otherwise restrict the Owner's rights under the terms, including without limitation the warranty provisions, of this Agreement. (c) The Owner may request that the Vendor provide more extensive logistical and distribution capabilities to the Owner, which capabilities the Vendor will use its reasonable commercial efforts to provide. If the Vendor agrees to provide such services, there may be, depending on the level and scope of such services, additional charges to the Owner on a per Product basis. Any such charges will be mutually agreed upon by the Service ProviderParties during negotiations between the Parties on the provision of any such additional logistical and distribution services beyond those outlined in this subsection 3.5; provided that, in determining any such charges, the point of delivery shall Owner will be where - - -------- ---- deemed the Goods are removed from the transporting vehicle Vendor's most important and favored Customer and will receive such services at the Premises. Where the Goods are collected by the Customerprices, the point of delivery shall be where the Goods are loaded on payment terms and subject to all other contract terms on terms no less favorable to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking Owner than those offered or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice available to any other rights Customer subject to and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain accordance with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery terms of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customersubsection 3.3.

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. 5.1 Unless otherwise stated in indicated, the Customer will be responsible for payment of all transport and delivery charges for all purchases from SPS. 5.2 Delivery costs are based on order weight, delivery location and freight method selected. Costs can be calculated on the Site. 5.3 A single order comprising of delivery to multiple addresses constitutes multiple Orders with freight for each Order Formapplicable. ▪ Part shipments, where goods have been listed on a prior Tax Invoice or where a prior arrangement with SPS has been made will be supplied freight free. 5.4 SPS will use its discretion in selecting a reputable carrier and appropriate means of shipment. Any dates quoted by SPS for delivery of the Goods Goods/Services are an estimate only and shall not form part of the Sale Terms. 5.5 Where Goods/Services are to be delivered by the Service Providerinstalments, the point of delivery each instalment shall be where deemed to be the Goods are removed from subject of a separate agreement and no default or failure by SPS in respect of any one or more instalments shall vitiate the transporting vehicle at contract in respect of the PremisesGoods/Services previously delivered or undelivered Goods/Services. In the event that SPS give notice to you that it is unable to deliver any instalment of the Goods/ Services, you shall be deemed to have accepted those instalments already delivered. SPS shall reimburse the price of the undelivered Goods/Services which have been paid for by you. 5.6 Where the Goods Customer fails to take delivery of the Goods/Services or any part of them when they are collected by made available, or fail to provide accurate instructions, documents, licenses, consents or authorisation’s required to enable the Goods/Services to be delivered, SPS shall be entitled, without notice to the Customer, to store or arrange for storage of the point of delivery Goods/Services, and then risk in the Goods/Services shall be where the Goods are loaded on pass to the Customer’s vehicle. Except where otherwise provided in the ContractDelivery shall be deemed to have taken place, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as and the Customer or other duly authorised person shall reasonably direct. The Service Provider pay to SPS all costs and expenses (including storage and insurance charges). 5.7 SPS shall use its best endeavours endeavour to arrange to deliver the Goods within Goods/Services to the time specified delivery point as designated by the Customer on the Order. SPS is not responsible for lost, damaged or incorrectly delivered Orders where the Customer has listed incorrect address or delivery details on the Order. 5.8 Title and risk of loss or damage to the Goods/Services shall pass to the Customer on the physical delivery of the Order to the address identified in the Order FormOrder. Notwithstanding the foregoing, failing which the Customer may release itself from any obligation title to accept and pay for the Goods and/or terminate which are Trademarked shall remain with the Contractapplicable licensor(s). 5.9 Claims against SPS for compensation are not recognised unless the Order is sent using a tracking number, in either caseis registered or insured by SPS. ▪ Tracking numbers do not include customs documentation, without prejudice to any other rights and remedies of the Customer. The Customer shall airway bill numbers, container numbers or Australia Post barcodes. 5.10 Any claim for delivery damage must be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice made in writing to SPS by the Service Provider Customer within seven (7) days of delivery, unless a signature is required upon delivery in which case the notification must be made within one (1) day, and such notification is confirmed in writing within seven (7) days of its receipt by SPS. Where no such notice has been provided by the Customer the Goods/Services shall be deemed to remove them have been accepted as being in good condition and in accordance with the Sale Terms. 5.11 Where the Customer suspected an Order lost, misplaced, stolen or not delivered, it is the Customers responsibility to confirm the non-delivery of the Order to SPS by way of written notice within five fourteen (514) working days of notice of dispatch from SPS. ▪ Where an Order is insured on dispatch, SPS shall act on the Customers behalf to recover the order and any associated costs to refund replace the original Order within a reasonable time frame. SPS at it’s decision may ship a replacement Order prior to the original Order being located. ▪ Where no form of tracking, registration or insurance was requested by the Customer any expenses incurred on submitting the Order, the Customer acknowledges that whilst SPS will assist where possible, it is the Customers responsibility to prove to SPS in writing a missing or delayed delivery. 5.12 All INCOTERMS for international shipments are EXW (Ex Works) from our nominated warehouse, factory or collection location. 5.13 Any Order made by it as a result of such over-delivery (the Customer containing fragile, glass, liquids or perishable Goods, including but not limited to the costs machines, inks and spare parts, must notify SPS within one (1) days of moving delivery and storing such notification is confirmed in writing within seven (7) days of its receipt by SPS, the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods /Services shall remain with the Service Provider unless they are be deemed to have been accepted by the CustomerCustomer as being in good condition and in accordance with the Sale Terms. The Customer shall be under no obligation ▪ Where section 5.10 applies to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contraryan Order, the Customer shall not be obliged notified by means of written notice or sticker attached the Goods or SPS delivery documentation. ▪ The Customer agrees any attempt to accept delivery by instalments. If remove such notice from the documentation will void all claims and warranties against SPS for all Goods/Services in the Order. 5.14 In no event shall SPS be liable to the Customer specifies for any indirect, special, incidental or agrees consequential damages resulting from performance or failure to perform under an agreement pursuant to the Sale Terms, or from the furnishing, performance or use of any Goods or Services sold or provided pursuant to the Sale Terms, or due to late delivery by instalments, or non-delivery of any instalment later than the date specified Goods/Services, whether due to a breach of contract, breach of warranty, negligence, or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerotherwise.

Delivery. The Service Provider (A) Time of delivery and time of performance by the Seller is of the essence. Unless otherwise specified in this Purchase Order, delivery of all goods shall deliver be F.O.B. Buyer’s Headquarters in Deer Park, TX. Seller shall be responsible for arranging transportation of the Goods goods and insuring of the goods while in transit and prior to acceptance of the goods by Xxxxx. Seller shall be solely responsible for the cost of such transportation and insurance. If the delivery of the goods is not made at the time(stimes specified in this Purchase Order, or the rendering of services is not completed at the times specified in this Purchase Order, Buyer reserves the right, without liability, and in addition to its other rights and remedies, to take either or both of the following actions: (1) direct expedited routings of the goods (the difference in cost between the expedited routing and date(sthe Purchase Order routing shall be paid by Seller); and/or (2) terminate the Contract as provided in Paragraph 15, below. If Buyer terminates the Contract, Buyer may, at its option, purchase substitute goods or services elsewhere and charge the Seller with any losses and expenses incurred by Buyer in connection therewith. Buyer reserves the right to refuse delivery of goods which is made in advance of the delivery date specified herein and to return such goods to Seller at Seller’s expense. If Buyer accepts early delivery, invoice payment terms will be calculated from the date of scheduled delivery. Buyer will have no liability for payment for goods delivered to Buyer which are in excess of quantities specified in the Order FormContract and the applicable delivery schedules. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery Such goods shall be where the Goods are removed from the transporting vehicle subject to rejection and return at the Premises. Where the Goods are collected by the CustomerSeller’s expense, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directincluding (but not limited to) transportation charges both ways. The Service Provider shall use its best endeavours to deliver the Goods within the time specified foregoing remedies are in the Order Formaddition to, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contractnot in lieu of or in limitation of, in either case, without prejudice to any other rights and and/or remedies Buyer may have under applicable law or under the terms of the CustomerContract. The Customer shall be under no obligation to accept Acceptance by Buyer of all or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customergoods shall not constitute a waiver by Buyer of its claims arising from delays in delivery.

Delivery. The Service Provider 6.1. Delivery and passing of the risk in the goods shall be deemed to have taken place when the goods are collected by the customer from the Suppliers’ premises, alternatively when the goods are delivered to the Customer’s premises. 6.2. Unless the Customer arranges its own delivery, the Supplier shall deliver the Goods to the Customer at the time(s) and date(s) specified place stipulated on the relevant Order or, if no such address is indicated on the Order, at the premises of the Customer as indicated in the Order FormApplication Form or the Agreement Confirmation Schedule and the Customer shall be obliged to take delivery of the Goods when tendered. 6.3. Unless otherwise stated In the event that the Customer wishes to arrange for its own delivery it must notify the Supplier accordingly in writing and indicate in such written notification the details of the carrier or delivery agent. The Supplier will make the Goods available to such carrier or delivery agent at the premises of the Supplier and such carrier or delivery agent shall be obliged to take delivery of the Goods when tendered for and on behalf of the Customer. Additional loading costs may be levied in the Order Form, where event that the notification for own delivery is not relayed timeously. 6.4. Delivery of Goods is deemed to have taken place when they are provided to the Customer. When Goods are delivered by the Supplier or its agents delivery is deemed to be effected upon delivery. Evidence of delivery shall be a delivery slip signed at the delivery point by a person who is apparently responsible for the acceptance of those products. The Customer agrees that the signature of any employee or agent on the company’s delivery note or invoice or on the delivery note or invoice of a carrier will constitute proof of proper delivery of the goods purchased. 6.5. Where the Goods are delivered by the Service ProviderSupplier or its Agents and there is no person available or no person willing or authorized to receive the Goods, then evidence of delivery of the Goods will be a declaration of the Supplier or its Agents employee. 6.6. In the event that the Customer fails for whatsoever reason to accept delivery and sign the delivery slip, the Supplier shall not accept any claims that ought to have been identified at the point of delivery delivery. 6.7. The Supplier shall be where have the right to suspend deliveries if any amount due by the customer is unpaid. 6.8. Unless otherwise stipulated, the Supplier will at all times endeavor to make the Goods are removed from the transporting vehicle at the Premises. Where available or to dispatch the Goods are collected by the Customer, the point of for delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place Customer as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the soon as practicably possible after an Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customerhas been accepted. The Customer shall not be under no obligation entitled to accept rely on any indication given to the Customer, whether indicated on the Order or pay for any Goods supplied in excess indicated prior to or at the time of placing or acceptance of the quantity ordered. If Order or thereafter, of the Customer elects time at which the Goods are to be made available or delivery is to take place, which shall merely be an estimate, and Supplier and its agents shall not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund be liable or accountable to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated claims, loss or damages suffered in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerrelation thereto.

Delivery. The Service Provider Seller shall deliver Items to Buyer on the Goods at the time(s) and date(s) specified indicated in the Order FormPurchase Order. Unless otherwise stated If Seller anticipates that it will not deliver the Items on the date(s) indicated, Seller shall immediately notify Buyer by the fastest available means of the anticipated failure and the anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) indicated in the Order Form, where the Goods are delivered by the Service ProviderPurchase Order, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer Buyer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either casewhole or in part, without prejudice to any at Buyer’s discretion and/or pursue other rights and remedies of the Customerremedies. The Customer All shipments shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days destination designated by Buyer in the Purchase Order, and to refund to the Customer any expenses incurred by it as a result title and risk of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods loss shall remain with Seller until the Service Provider unless they Items in a completed state are accepted received by Buyer, its agent or consignee regardless of whether or not Buyer has made full payment for the CustomerItems. The Customer Seller will mail bills of lading and shipping notices directly to the destination or such other address as designated by Buyer on the day of shipment. Bills of lading shall indicate the relevant purchase order number. Buyer may require adherence to its routing instructions, and any savings resulting from adherence to such instructions shall be under no obligation to accept for the benefit of Buyer. If Seller’s performance hereunder requires the presence of Seller, its agents, employees or pay for any Goods supplied earlier than subcontractors upon the date for delivery stated in premises of Buyer, Seller agrees that all work shall be done as an independent contractor and that the Order Form. Unless expressly agreed to the contrary, the Customer persons doing such work shall not be obliged considered employees of the Buyer. Seller shall comply with all laws and regulations, as amended, and otherwise shall take all necessary precautions to accept delivery by instalments. If prevent the Customer specifies or agrees to delivery by instalments, delivery occurrence of any instalment later than the date specified or agreed for its delivery shall, without prejudice injury to any other rights person or remedies damage to any real or personal property (both tangible and intangible) during the progress of the Customer, entitle the Customer to terminate the whole of such work. Seller shall abide by Buyer’s on-site rules and any unfulfilled part of the Contract without further liability to the Customerapplicable terms and conditions in connection with any services performed by Seller on-site at a Buyer location.

Delivery. The Service Provider 7.1 Unless otherwise agreed, goods shall deliver be delivered to the Goods customer, at the time(s) supplier’s premises. 7.2 The customer shall be responsible for procuring and date(s) specified arranging the transportation of the goods from the supplier’s premises to any destination required by the customer. 7.3 Delivery shall be completed when the goods are handed to the customer or its agent at the supplier’s premises and before loading commences. 7.4 After completion of delivery, the supplier shall not be responsible for the arrival of the goods at their destination or for any loss or damage to the goods from any cause whatsoever, while in transit. 7.5 Should the supplier at the customer’s request agree to engage a carrier to transport the goods for the customer then:- 7.5.1 the supplier is authorized to engage a carrier on such terms and conditions as it deems fit; 7.5.2 the customer shall indemnify the supplier against all demands and claims, which may be made against it by the carrier so engaged and all liability, which the supplier may incur, to the carrier arising out of the transportation of the goods. 7.6 The risk in the Order Formgoods ordered by the customer shall pass to the customer upon delivery. 7.7 If the customer fails to take delivery of the goods when delivery falls due, the supplier shall be considered to have tendered and the customer to have refused to accept delivery. Unless otherwise In this event, the costs of storing the goods shall be for the customer’s account and shall be paid by the customer to the supplier on demand and the risk in the goods shall pass to the customer (if for any reason it has not yet passed to the customer). 7.8 The supplier does not guarantee timeous delivery for the supply of the goods on any specified date, but will endeavor to give delivery on the date stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided contract. 7.9 Notwithstanding any other provision in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed contract to the contrary, the Customer supplier’s obligation to deliver the goods shall in all cases be subject to the following conditions precedent:- 7.9.1 The availability to the supplier of all materials and supplies required for the manufacture of the goods or their components, where the goods or components in question are being manufactured by the supplier; 7.9.2 The timeous receipt by the supplier from its own suppliers of the goods or their components, where the goods or components in question are being purchased by the supplier; 7.10 Time shall not be obliged of the essence of the contract and the delivery dates shall be treated as approximate only and the supplier does not guarantee the supply of the goods on any specified date. Under no circumstances shall the customer be entitled to accept delivery by instalments. If withdraw from or terminate the Customer specifies or agrees to delivery by instalments, delivery contract on account of any instalment later than delay in delivery or have any claim of any nature whatsoever against the date specified supplier arising from late delivery. 7.11 The customer shall sign the supplier’s delivery note in respect of each delivery made unless the customer disputes that the goods delivered do not accord with the quantity, or agreed for its specification reflected thereon or does not accord with the order. 7.12 The supplier’s delivery shallnote, without prejudice to waybill or the debit note of any other rights authorized carrier signed by the customer or remedies an employee or agent of the Customer, entitle customer shall be prima facie proof on its mere production that the Customer goods delivered the reunder accorded with the quantity reflected thereon and with that ordered. The onus shall then be on the customer to terminate prove the whole of any unfulfilled part of the Contract without further liability to the Customercontrary.

Delivery. The Service Provider Where Buyer fails to give timely delivery instructions to enable Seller to make deliveries in accordance with the terms of this Agreement, Seller may at its option (i) hold the goods due at its shipping point for Buyer’s account, in which case Buyer shall deliver be liable to pay storage charges for such goods at appropriate storage rates as established by Seller; and/or (ii) a reasonable time following notice to Buyer, cancel the Goods at order for the time(s) goods, in which case Buyer shall be liable to pay appropriate cancellation charges as established by Seller. Shipping dates and date(s) specified delivery dates are approximate and shall not operate to bind Seller to ship or make deliveries on the dates stated herein. Seller shall have no liability for delays in the Order Formshipment resulting from circumstances beyond its reasonable control. Unless otherwise stated specific tolerances are set forth in this Agreement, Seller shall have the Order Form, where right to deliver such quantities of the Goods are delivered by the Service Provider, the point of delivery goods ordered within limits reasonable in trade practice and Buyer shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation obligated to accept and pay for the Goods and/or terminate quantity actually delivered. Where a specific source for the Contractgoods is indicated in this Agreement, Xxxxx agrees that Seller is obligated only to deliver goods supplied or manufactured or by the designated mill, plant or source. Xxxxx agrees that, in either casethe event that Seller is unable to obtain the goods from such designated source, Seller shall have the exclusive option (i) to replace the contracted for goods with similar goods from another source; or (ii) to allocate its available goods from the designated source among its own uses and its customers in such manner as Seller in its absolute discretion deems fit; or (iii) to cancel this contract without prejudice any further liability or obligation to any other rights Buyer. Date of shipment and remedies routing are at Seller's option unless otherwise specified. Delivery of goods to a carrier shall constitute delivery to Buyer, and Seller shall have no liability for risk or loss or damage in transit. Seller reserves the right to make minor changes without notice to the material, product or construction methods of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customergoods.

Delivery. 6.1 The Service Provider Supplier shall deliver Deliver the Goods at to the time(s) Customer on or by the Date of Delivery. Unless otherwise agreed in writing by the Customer, Delivery shall be on the date and date(s) to the address specified in the Order FormAward Letter. Unless otherwise stated in the Order Form, where Delivery of the Goods are delivered by the Service Provider, the point of delivery shall be where completed once the completion of unloading the Goods are removed from the transporting vehicle at the Premises. Where Delivery address has taken place and the Goods are collected by Customer has signed for the Customer, the point of delivery shall be where the Goods are loaded on Delivery. 6.2 Any access to the Customer’s vehicle. Except where otherwise premises and any labour and equipment that may be provided by the Customer in the Contract, delivery shall include the unloading, stacking or installation connection with Delivery of the Goods shall be provided without acceptance by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or the Crown 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 duly authorised person shall reasonably directwrongful act of the Customer or its servant or agent. The Service Provider Supplier shall use its best endeavours to deliver indemnify the Goods within Customer and the time specified Crown in the Order Formrespect of any actions, failing suits, claims, demands, losses, charges, costs and expenses, which the Customer or the Crown may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept suffer or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it incur as a result of such over-delivery or in connection with any damage or injury (including but not limited whether fatal or otherwise) occurring in the course of Delivery or installation to the costs extent that any such damage or injury is attributable to any act or omission of moving the Supplier or any of his sub-Suppliers. 6.3 Delivery of the Goods shall be accompanied by a delivery note which shows the Purchase Order Number and storing the Goods)type and quantity of the Goods and, failing which in the case of part Delivery, the outstanding balance remaining to be Delivered. 6.4 Unless otherwise stipulated by the Customer may dispose of such Goods and charge in the Service Provider for the costs of such disposal. The risk in any over-delivered Goods Award Letter, Deliveries shall remain with the Service Provider unless they are only be accepted by the Customer. The Customer shall be under no obligation on Working Days and during normal business hours. 6.5 Where (i) the Supplier fails to accept Deliver the Goods or pay for part of the Goods or (ii) the Goods or part of the Goods do not comply with the provisions of clause 2.2, then without limiting any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contraryof its other rights or remedies implied by statute or common law, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer entitled: 6.5.1 to terminate the Agreement; 6.5.2 request the Supplier, free of charge, to deliver substitute Goods within the timescales specified by the Customer; 6.5.3 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); 6.5.4 to reject the Goods (in whole of any unfulfilled or part) and return them to the Supplier at the Supplier’s own risk and expense and the Customer shall be entitled to a full refund on those Goods or part of Goods duly returned; 6.5.5 to buy the Contract without further liability same or similar Goods from another supplier and to recover any expenses incurred in respect of buying the Customergoods from another supplier which shall include but not be limited to administration costs, chargeable staff time and extra delivery costs.

Delivery. 5.1 The Service Provider goods shall deliver be delivered to the Goods place named on, and in accordance with, the purchase order. Delivery shall be completed when the goods have been unloaded at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery specified in the purchase order and delivery has been accepted by the purchaser or its authorised representative. Any access to premises and any labour and equipment that may be provided by the purchaser in connection with delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected provided without acceptance by the Customerpurchaser of any liability whatsoever or howsoever arising and the supplier shall indemnify and keep indemnified the purchaser and the crown in respect of any actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the point purchaser or the crown may suffer or incur as a result of or in connection with any damage or injury (including death) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act, omission or negligence of the supplier or any of its sub-contractors. 5.2 The time of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods essence for the purposes of the contract and failure to deliver by the Staff or delivery date shall enable the Service Provider’s service providers or carriers purchaser (at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours option) to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods goods and/or terminate to cancel all or part of the Contractgoods under the purchase order, in either case, case without prejudice to any its other rights and remedies of remedies. 5.3 The supplier's failure to effect delivery on the Customer. The Customer delivery date specified shall be under no obligation entitle the purchaser to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days purchase substitute goods and to refund to hold the Customer any expenses supplier accountable for all loss and/or additional costs incurred by it as a result of such overfailure. 5.4 Deliverables will be delivered as agreed in contract, purchase order or in other written way including e-mail or letter. 5.5 If goods are delivered before the delivery (including but not limited to date, the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer purchaser shall be under no obligation entitled to accept its sole discretion to refuse to take delivery or pay to charge for any Goods supplied earlier than insurance and storage of the date for goods until the delivery date. 5.6 Unless otherwise stated in the Order Form. Unless expressly agreed purchase order, the supplier is responsible for obtaining and the cost of all the export and import licences for the goods, and in the case of the goods supplied from outside the delivery country, the supplier shall ensure that accurate information is provided to the contrarypurchaser as to the country of origin, HS code, export control classification number (ECCN) and the supplier shall be liable for additional duties or taxes should the country of origin prove to be different to the one stated. 5.7 If a classification society approval is requested, the Customer supplier shall not be obliged handle this on behalf of PTG and will charge such cost to accept delivery by instalmentsPTG as a pass-through cost only, without any uplift or margin of any kind. If the Customer specifies (a) more than one classification society is requested; or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies (b) a change of the Customerclassification society during the manufacturing period is requested, entitle the Customer supplier will attempt to terminate the whole organize this without extra cost. 5.8 The supplier shall at all times observe and act in compliance with all applicable laws, including EU/EC Community law and national and international. Governmental, regional, local, customary law or other statutes. Directives, regulation, treaties, or conventions as well as any additional protocols, and all industry standards. Including upholding a standard of any unfulfilled part due care which may reasonably be expected of the Contract without further liability to the Customeran experienced supplier in a similar business.

Delivery. The Service Provider shall deliver 7.1 All transport costs are the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies responsibility of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (; including but not limited to transport of the costs Equipment to and from Site, general road & air freight of moving Equipment parts to and storing from Site. Transportation will be charged at cost + 10% mark up and 5% admin. 7.2 At the Goods), failing which Company‟s sole discretion delivery of the Equipment shall take place when: (a) the Customer may dispose takes possession of such Goods the Equipment at the Company‟s address; or (b) the Customer takes possession of the Equipment at the Customers nominated address; or (c) the Company‟s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Company‟s agent and charge the Service Provider risk for the costs Equipment does not pass the Customer takes possession of such disposalthe Equipment at the Customer‟s address; or (d) the Customer‟s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Customer‟s agent. 7.3 The Customer shall make all arrangements necessary to take delivery of the Equipment whenever it is tendered for delivery. In the event that the Customer is unable to take delivery of the Equipment as arranged then the Company shall be entitled to charge a reasonable fee for redelivery. 7.4 At the Company‟s sole discretion delivery of the Equipment shall take place when: (a) the Customer takes possession of the Equipment at the Company‟s address; or (b) the Customer takes possession of the Equipment at the Customers nominated address; or (c) the Company‟s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Company‟s agent and risk for the Equipment does not pass the Customer takes possession of the Equipment at the Customer‟s address; or (d) the Customer‟s nominated xxxxxxx takes possession of the Equipment in which event the carrier shall be deemed to be the Customer‟s agent. 7.5 The risk in Customer shall inspect the Equipment on delivery and shall within forty eight (48) hours notify the Company of any over-delivered Goods shall remain alleged defect, damage or failure to comply with the Service Provider unless they are accepted by the Customerdescription or quote. The Customer shall be under no obligation afford the Company an opportunity to accept or pay for any Goods supplied earlier than inspect the date for delivery stated in Equipment and verify the Order Form. Unless expressly agreed to the contrary, claim within a reasonable time following notification if the Customer shall not be obliged to accept delivery by instalmentsbelieves the Equipment is defective in any way. If the Customer specifies shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. If the Company agrees to the Equipment was defective or damaged at delivery by instalments, delivery of any instalment later than the date specified or agreed for Company shall replace the Equipment at its delivery shall, without prejudice to any other rights or remedies cost which shall be the limit of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerCompany‟s liability.

Delivery. The Service Provider shall deliver the Goods at the time(s(i) and date(s) specified Time for delivery of goods is given as accurately as possible but is not guaranteed unless agreed in the Order Formwriting. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point Time of delivery shall not in any circumstances be where of the Goods essence of the Agreement. The Seller shall not be liable for any delay in delivery of goods that is caused by a force majeure event or the Buyer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are removed relevant to the supply of the goods. (ii) Delivery of the goods shall be at the place of delivery set out in the order or such location as the parties may agree, and shall be completed on the arrival of goods at the delivery location. Signature of a delivery note by an agent, employee or representative of the Buyer, or by an independent carrier, shall be conclusive proof of delivery. (iii) During unloading at the Buyers premises or other delivery location, the Seller shall be deemed to act as agent of the Buyer under the Buyer’s supervision. (iv) The Buyer shall make all necessary arrangements to take possession of the goods on the delivery date at the place of delivery. If the Buyer fails to make such arrangements, the Seller shall either leave the goods at the place of delivery during the hours of 7.30 and 5 pm, or at its absolute discretion: a) make additional charges for failed delivery, b) allocate new delivery dates, c) store the goods at the Buyer’s risk and cost (including insurance), d) invoice the Buyer for the goods, e) terminate the Agreement without liability to the Seller, and f) recover from the transporting vehicle at the Premises. Where the Goods are collected Buyer all costs and losses incurred by the Customer, Seller. (v) If the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours Seller fails to deliver the Goods within the time specified in the Order Formgoods, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer its entire liability shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs excess (if any) over the price of moving and storing the Goods)goods, failing which of the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed cost to the contrary, Buyer of purchasing similar goods to replace those not delivered. (vi) In the Customer shall not case of goods to be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery supplied by instalments, each delivery of shall constitute a separate contract and failure by the Seller for any reason to deliver any instalment later than shall not entitle the date specified Buyer to treat the Agreement as repudiated or agreed for its delivery shall, without prejudice to cancel any other rights or remedies instalment. (vii) A Delivery Charge of £15.00 will be applied for orders under £100.00 excluding VAT (viii) Where delivery is requested outside of our own van delivery schedule and a carrier is requested,a delivery charge will be applied appropriate to the size and weight of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customershipment.

Delivery. The Service Provider 6.1 If any permit, licence or authorisation is required for 6.1.1 the export of Goods from South Africa and/or import into the Customer's country; 6.1.2 the transport of Goods, or 6.1.3 payment to be effected in accordance with this Agreement, then, subject to the applicable Incoterms, the Customer shall deliver obtain such permit, licence or authorisation timeously and at its own cost. 6.2 Should the Supplier at the Customer's request, which request may be granted or refused at the Supplier’s sole discretion, agree to engage a third party (“Shipping Agent”) to supply courier or transport services in regards to the Goods at on behalf of the time(s) Customer, then: 6.2.1 The Supplier is authorised to engage a Shipping Agent as agent for the Customer on such terms and date(s) specified conditions as it deems fit; and 6.2.2 The Customer indemnifies the Supplier against all demands and claims which may be made against it by the Shipping Agent so engaged and all liability which the Supplier may incur to the Shipping Agent or any third party arising out of the transportation of the Goods. 6.3 The Customer shall immediately upon receipt check the content of the Goods. On signature of the Proof of Delivery, the Customer is deemed to have received the Goods referred to in the Purchase Order Formor any other delivery notice, without shortage or defect and the Customer shall have no claim against the Supplier for non-delivery of, or shortages in the Goods. Unless Should the Customer fail to sign the Proof of Delivery prior to the Shipping Agent’s or Customer’s vehicle leaving the point of delivery, the signature of a representative of the Supplier shall be prima facie proof that the Goods were delivered without defect or shortage. 6.4 Time is not of the essence, except as may be otherwise agreed in writing by the Parties in respect of a specific Purchase Order and in which event the Customer’s may only impose a penalty under clause 7 for delay. The Supplier shall not be liable for any loss or damage of any nature whatsoever, should delivery of Goods or rendering of Services not be made within the period stated in the Purchase Order Form, where or the Supplier’s documentation. 6.5 Should delivery of any Goods are delivered by the Service Provider, the point of delivery shall not be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected accepted by the Customer, consignee or party nominated by the point of delivery shall Customer to accept delivery, then the Supplier shall, in its sole discretion: 6.5.1 be where entitled to store the Goods are loaded on and any part thereof at no risk to the Customer’s vehicle. Except where otherwise provided in Supplier and at the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies expense of the Customer. The Customer shall be under no obligation to accept ; or 6.5.2 after obtaining a competent court order, sell the Goods in execution and retain the proceeds thereof as rouwkoop or pay as liquidated damages for any Goods supplied in excess the settlement or part settlement of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days return and to refund to the Customer any expenses incurred by it as a result storage of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.

Delivery. 5.1 The Service Provider Goods shall deliver be delivered to and/or the Goods Works or Services shall be performed within business hours at the time(s) and date(s) Delivery Address on the date or within the period specified in the Specification or as otherwise specified or agreed by the Buyer in writing. 5.2 Where the date of delivery of the Goods and/or performance of the Services is to be specified after the placing of the Purchase Order, the Provider shall give the Buyer reasonable notice of the specified date. 5.3 A delivery note which specifies the number of the Purchase Order Form. Unless otherwise stated in shall accompany each delivery or consignment of the Order FormGoods, where and must be displayed prominently. 5.4 If the Goods are to be delivered and/or the Works or Services are to be performed by the Service Providerinstalments, the point of delivery Contract will be treated as a single contract and will not be severable. 5.5 The Buyer shall be where entitled to reject any Goods delivered which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has had reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent. 5.6 The Provider shall supply the Buyer in good time with any instructions or other information required to enable the Buyer to accept delivery of the Goods and/or performance of the Works or Services. 5.7 The Buyer shall not be required to return to the Provider any packaging or packaging materials for the Goods, whether or not the Goods are removed from accepted by the transporting vehicle at the Premises. Where Buyer. 5.8 If the Goods are collected by not delivered and/or the Customer, Works or Services are not performed on the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either casedue date then, without prejudice to any other rights and remedies of remedy, the Customer. The Customer Buyer shall be under no obligation entitled to accept or pay for any Goods supplied in excess of deduct from the quantity ordered. If Price or, if the Customer elects not Buyer has already paid the Price, to accept such over-delivered Goods it shall give notice in writing claim from the Provider an amount equal to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses additional costs incurred by it the Buyer as a result of such over-delivery (including but not limited the delay. 5.9 Risk of damage to or loss of the Goods shall pass to the costs of moving and storing Buyer upon delivery to the Goods)Buyer in accordance with the Contract. 5.10 The property in the Goods shall pass to the Buyer upon delivery, failing which the Customer may dispose of such Goods and charge the Service Provider unless payment for the costs of such disposal. The risk in any over-delivered Goods is made prior to delivery, where it shall remain pass to the Buyer once payment has been made and the Goods have been appropriated to the Contract. 5.11 Whilst on the Buyer’s premises the Provider shall comply with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed Buyer's rules and regulations relating to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerPremises.

Delivery. The Service Provider Date Shares -------- ------ ---------------- --------------- ---------------- --------------- ---------------- --------------- Payment for the Common Stock which the undersigned has agreed to purchase on each Delivery Date shall deliver be made to the Goods Company or its order by certified or bank cashier's check in same day or New York Clearing House funds (as agreed to by the Company and the undersigned) at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking (or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such other place as the Customer undersigned and the Company shall agree) at 11:00 A.M., New York City Time, on such Delivery Date upon issuance and delivery to the undersigned of the Common Stock to be purchased by the undersigned on such Delivery Date in such authorized denominations and, unless otherwise provided herein, registered in such names as the undersigned may designate by written or other duly authorised person shall reasonably directtelegraphic communications addressed to the Company not less than five full business days prior to such Delivery Date. The Service Provider obligation of the Company to sell and deliver, and of the undersigned to take delivery of and make payment for, Common Stock on each Delivery Date shall use its best endeavours be subject to deliver the Goods within conditions that (1) the purchase of Common Stock to be made by the undersigned shall not at the time specified of delivery be prohibited under the laws of the jurisdiction to which the undersigned is subject, (2) the sale of the Common Stock by the Company pursuant to this contract shall not at the time of delivery be prohibited under the laws of any jurisdiction to which the Company is subject and (3) the Company shall have sold, and delivery shall have taken place, to the Purchasers such shares of the Common Stock as are to be sold and delivered to them. In the event that the Common Stock is not sold to the undersigned because one of the foregoing conditions is not met, the Company shall not be liable to the undersigned for damages arising out of the transactions covered by this contract. Promptly after completion of the sale and delivery to the Purchasers, the Company will mail or deliver to the undersigned at its address set forth below notice to such effect, accompanied by copies of the opinions of counsel for the Company delivered to the Purchasers. Failure to take delivery of and make payment for the Common Stock by any purchaser under any other Delayed Delivery Contract shall not relieve the undersigned of its obligations under this contract. The undersigned represents and warrants that (a) as of the date of this contract, the undersigned is not prohibited under the laws of the jurisdictions to which the undersigned is subject from purchasing the Common Stock hereby agreed to be purchased and (b) the undersigned does not contemplate selling the Common Stock which it has agreed to purchase hereunder prior to the Delivery Date therefore. This contract will inure to the benefit of and be binding upon the parties hereto and their respective successors, but will not be assignable by either party hereto without the written consent of the other. This contract shall be governed by and construed in accordance with the laws of the State of New York. This contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. It is understood that the acceptance of any Delayed Delivery Contract is in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either caseCompany's sole discretion and, without prejudice to any other rights and remedies of limiting the Customer. The Customer shall foregoing, need not be under no obligation to accept or pay for any Goods supplied in excess of the quantity orderedon a first-come, first-served basis. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing contract is acceptable to the Service Provider to remove them within five (5) working days Company, it is requested that the Company sign the form of acceptance below and to refund mail or deliver one of the counterparts hereof to the Customer any expenses incurred by it undersigned at its address set forth below. This will become a binding contract between the Company and the undersigned when such counterpart is so signed. Yours very truly, ----------------------------------- By -------------------------------- -------------------------------- -------------------------------- Address Accepted, as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Formfirst above written. Unless expressly agreed to the contraryWESTERN RESOURCES, the Customer shall not be obliged to accept delivery by instalmentsINC. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies By_________________________________ Title______________________________ PURCHASER -- PLEASE COMPLETE AT TIME OF SIGNING The name and telephone and department of the Customer, entitle the Customer to terminate the whole of any unfulfilled part representative of the Contract without further liability to Purchaser with whom details of delivery on the CustomerDelivery Date may be discussed are as follows: (Please print.)

Delivery. 4.5.1 The Service Provider Supplier shall Deliver the Goods and provide the Services in accordance with the Implementation Plan and Milestones. 4.5.2 The issue by the Customer of a receipt note for delivered Equipment shall not constitute any acknowledgement of the condition, quantity or nature of that Equipment. 4.5.3 Time of delivery in relation to commencing and/or supplying the Goods and/or Services shall be of the essence and if the Supplier fails to deliver the Goods at and/or Services within the time(s) and date(s) time specified in accordance with clause 4.1.1 and/or the Order Form. Unless Master Contract Schedule and/or any other Contract Document and without prior written Approval, the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Customer. 4.5.4 Except where otherwise stated provided in the Order FormContract, where the Goods shall be installed and the Services provided by the Staff or the Sub-Contractors at such place or places as set out in the Master Contract Schedule and/or any other Contract Document. 4.5.5 Where the Goods are delivered by the Service ProviderSupplier, the point of delivery shall be where when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where when the Goods are loaded on to the Customer’s 's vehicle. . 4.5.6 Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers Supplier's suppliers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver . 4.5.7 In the event that not all of the Goods within and/or Services are Delivered by the time relevant Milestone Dates specified in the Order Form, failing which Implementation Plan ("Undelivered Goods and/or Services") then the Customer may release itself from shall be entitled to withhold payment of the Contract Charges for any obligation to accept and pay for the Goods and/or terminate Services that were not Delivered in accordance with the Contract, in either case, without prejudice to any other rights and remedies of corresponding Milestone Date until such time as the Customer. Undelivered Goods and/or Services are Delivered. 4.5.8 The Customer shall be under no obligation to accept or pay for any Goods supplied Delivered in excess of the quantity orderedspecified in the Master Contract Schedule and/or any other Contract Document. If the Customer elects not to accept such over-delivered Delivered Goods it shall give notice in writing to the Service Provider Supplier to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.five

Delivery. The Service Provider shall deliver We have performed our obligation to deliver, as soon as the Goods goods are displaced at the time(s) and date(s) specified Customer’s disposal in the Order Form. Unless otherwise stated agreed store; in the Order Form, where case of carriage paid delivery as soon as the Goods are delivered by handed over to a freight forwarder; and in the Service Providercase of CIF or CIP Sales as soon as the documents conforming to contract are handed over to Customer. The Goods are always forwarded at Customer’s risk, also when both parties have agreed upon franco-delivery. In this case we can choose the point mode and routing of delivery the transportation. We are entitled to partial delivery. Customers undertake to supply, in accordance with Sellers’ requirements, all necessary Import Licences, Import Certificates, End Use Certificates, and/or Delivery Verification Certificates, all of which shall be where valid in full force and effect. Customers represent and warrant that they have obtained all necessary permissions and complied with all applicable regulations and formalities before entering into this Contract and Customers undertake to indemnify and hold Sellers harmless from and against all claims, demands, actions, proceedings, liabilities, losses, costs, charges, and expenses which may be made or brought against Sellers or which Sellers may suffer or incur in consequence of Customer’s failure so to do. In case it turns out, after the Goods conclusion of the contract, that the goods fail to fulfil the German legal requirements, we are removed entitled to withdraw from the transporting vehicle at contract, and Customer cannot assert any claim because of our withdrawal, except those to restoration of what has been received in performance of the Premisescontract. Where the Goods For goods to be discharged, goods afloat or carted goods delivery provides that we will have been supplied correctly and punctually ourselves. The delivered goods are collected by the Customer, the point of delivery shall intended to be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided used in the Contractcountry where they were ordered from. Export, delivery shall include the unloadingespecially resale, stacking or installation of the Goods that were delivered by us, across the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies border of the Customer. The country where we delivered to, can only be permitted with our express prior consent which Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be is obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerprocure beforehand.

Delivery. The Service Provider shall deliver 9.1 Any Delivery Times quoted by OA for the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Delivery of Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premisesestimates only. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall OA will use its best reasonable endeavours to deliver the Goods to the Delivery Address on or before the Delivery Time specified in the Order. OA shall not be liable for any Claim or Loss by the Customer or any third party for a delay, inability or failure to effect a Delivery by the Delivery Time or at all. Any delay, inability or a failure by OA to effect a Delivery shall not entitle the Customer to treat this Agreement as repudiated by OA. 9.2 OA may notify the Customer of a new Delivery Time in the circumstances. 9.3 OA reserves the right to cancel an Order Confirmation at any time before or following the Delivery Time. OA shall not be liable for any Claim or Loss whatsoever arising from such cancellation. Provided the Customer is not at fault for the cancellation, OA will refund any deposit or monies paid by the Customer in relation to any invoice/s issued by OA in respect of the Order. 9.4 Any term relating to the quantity of Goods is not a fundamental term (or the essence) of this Agreement. OA reserves the right to make partial deliveries against an Order and to invoice each partial Delivery separately and the Customer cannot reject Goods on the basis of a partial Delivery. 9.5 Where Goods remain in the possession of OA after the Delivery Time (including where the Customer fails for whatever reason to take Delivery of the Goods), OA is entitled to charge the Customer for all Claims or Losses occasioned by the Customer in not accepting Delivery, together with any Claims or Losses in respect of the carriage, care and custody of the Goods. 9.6 Unless otherwise agreed in writing by OA, all Goods will be delivered to the Delivery Address. The Customer must ensure that it or its employees or agents are in attendance at the Delivery Address at the agreed time or agreed period to accept Delivery of the Goods and to acknowledge receipt upon the consignment note or invoice accompanying the Goods. The Customer warrants that the person who signs the delivery notice is authorised to receive the Goods on their behalf. 9.7 A quantity, description, date and place of Delivery, as indicated on OAs invoice or dispatch note, shall be referenced as evidence of quantity, description, date and place of Delivery of the Goods. 9.8 If the Customer fails to take Delivery of the Goods on the specified date, and the Order is returned to OA, a second delivery charge may be imposed. 9.9 OA may arrange for the storage and carriage of Goods by couriers, contractors or sub-contractors. Notwithstanding any specific instructions given by the Customer as to the mode of carriage of Goods, and in the exercise of its absolute discretion, OA may have Goods carried or forwarded by any method which it deems fit. 9.10 Unless otherwise agreed in writing by OA, the cost of freight of Goods from the OA warehouse shall be paid for by the Customer. 9.11 Unless otherwise specified in a Quote, Goods shall be packed in OA standard packing. The cost of any special packing and packing materials required by the Customer shall be at the Customer’s expense. 9.12 A fixed $21.50 surcharge will be payable on the shipment of any dangerous Goods within an Order or such other surcharge amount as OA may in it's absolute discretion determine is applicable to the time Order as specified in the Order FormConfirmation. 9.13 A fixed surcharge will be payable for any special and/or custom Orders which alters the original products by slitting, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to cutting or any other rights and remedies alteration of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it product as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated specified in the Order FormConfirmation. 9.14 Once the Goods are altered, no returns or cancellations will be accepted unless the Goods are deemed to be defective. 9.15 Where Orders are freighted on a pallet provided by OA, OA may apply a fixed pallet charge to this order based on the size of pallet required as specified in the Order Confirmation. Unless expressly agreed Due to the contrarydimensions and weight of pallet orders, the Customer shall not OA may be obliged required to accept delivery have Goods carried by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customermethod which it deems fit.

Delivery. 1. Stated delivery dates should be regarded as approximate only. Delivery after the stated delivery date shall not be a breach of contract by the Seller and shall not entitle the Buyer to any remedy. The Service Provider Products delivered may differ from the description in the purchase agreement in respect of packaging, volumes/dimensions and composition and, provided that it does not negatively affect the normal use of the Products, such difference shall not be a breach of contract by the Seller and shall not entitle the Buyer to any remedy. 2. Products shall be delivered as set out in the purchase agreement or, in absence of such delivery conditions, "Free Carrier" (FCA) to the Seller's premises, always in accordance with the provisions of the latest version of the Incoterms in effect at the time the purchase agreement was entered into. The Seller may deliver the Goods Products by instalments. 3. The Buyer may request that the Seller organises the transport of the Products on the Buyer's behalf, in which case the Buyer shall be responsible for all costs and risk associated with such transport. 4. The Buyer is required to accept delivery of the Products by the Seller. The Seller may store the Products if the Buyer fails to accept such delivery and the Buyer shall reimburse the Seller for all related costs and expenses incurred and shall remain liable to pay the purchase price for the Products. In such event, the Seller may resell the relevant Products at any time to a third party, in which case the time(s) and date(s) specified Buyer shall reimburse the Seller for any shortfall below the purchase price agreed in the Order Formpurchase agreement with the Buyer, and for all costs and expenses incurred by the Seller in relation to storage. 5. Unless otherwise If the parties agree any variation to the description of the Products contained in the purchase agreement, the Seller may at its discretion amend the delivery date stated in the Order Form, where the Goods are delivered purchase agreement by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on providing notice to the Customer’s vehicle. Except where otherwise provided in the ContractBuyer, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours notice to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customereffective immediately on receipt.

Delivery. Products are delivered Ex Works (Incoterms 2010) SELLER's registered address or any other place specified by the Company. Accordingly, any shipment or transport is at Customer's risk and cost (even if arranged by SELLER). The Service Provider non-binding, approximate time of delivery shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise be stated in the Order Form, where the Goods are delivered by the Service Provider, the point of Confirmation. SELLER's delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies amount of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery Products stated in the Order FormConfirmation +/- 10.00 % shall be deemed delivery in full and SELLER is entitled to invoice accordingly. Unless expressly All Products will be delivered in SELLER's standard packaging and, normally, at the same time. However, SELLER is entitled to carry out partial deliveries. If it has been agreed that Customer shall pay for necessary tools, production will not commence until such payment has been made in full. Tools paid by Customer will only be used for the Customer. If SELLER anticipates that it will not be able to deliver the contraryProducts at the time stipulated for delivery, SELLER shall notify Customer thereof in writing, stating the reason, and if possible, the time when delivery can be expected. Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer is entitled to terminate the whole Agreement with immediate effect by written notice to SELLER provided that: (i) delay in delivery of any unfulfilled more than 10 weeks has occurred; and (ii) the delay is attributable to circumstances for which SELLER is responsible; and (iii) delivery has still not been effected within 2 weeks from Customer having sent written demand to SELLER stating that failure to deliver within the said 2 weeks will be a material breach giving ground for immediate termination. If SELLER, before such termination by Customer, has delivered a part of the Contract without further liability Products, the delay of which is the cause of termination, SELLER shall collect those partial deliveries for its own account, and Customer must ensure that the partial deliveries may be collected in the same condition as delivered. SELLER shall reimburse any such payments by Customer to SELLER for parts of the delivery, the delay of which is the cause of termination. Any delay in delivery for which Customer is responsible, including refusal or failure to take delivery, and which exceeds 4 weeks shall entitle SELLER to: (i) store the Products at Customer’s risk and expense and invoice an extra 5.00 % of the order value of the Products in question; or (ii) sell the Products at the best possible price at Customer’s risk and expense (and Customer shall cover any loss suffered by SELLER).

Delivery. The Service Provider shall deliver 3.1 Delivery of the Goods and/or Services will be at the time(s) Porsche address as set out above or such other address as may have been agreed with the Supplier in writing. Porsche may at any time and date(s) specified for any reason suspend the delivery of any Goods which the Supplier has not dispatched and/or the performance of any Services, in each case in whole or in part, by giving written notice to the Order FormSupplier and during such period the Supplier’s obligation to supply those Goods and/or Services shall be suspended. Unless the parties agree a longer notice period, Porsche may reinstate any suspended obligations by giving the Supplier not less than 3 days notice in writing. Unless otherwise stated agreed in writing, if the Order Form, where the supply of such suspended Goods are delivered by the Service Provider, the point and/or Services is not reinstated within 6 months of delivery such notice of suspension then this Agreement shall be where deemed to have been terminated under Clause 9.4 and Clause 8 shall apply. 3.2 The parties expressly agree that time is of the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of essence for delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by and/or Services and the Staff Supplier shall strictly comply with any time frames or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay delivery dates for the Goods and/or terminate Services which have been agreed between the Contractparties in writing. 3.3 The Supplier shall pay all costs of insurance and transport as well as any other costs which may be incurred in relation to the delivery of the Goods and/or Services to Porsche, unless otherwise agreed in either casewriting. 3.4 The Supplier shall render the Services and deliver the Goods with all such due care and skill as can reasonably be expected of a competent operator experienced in such matters. 3.5 In the event that performance by the Supplier of its obligations is delayed, prevented or otherwise performed in breach of this Agreement the Supplier shall immediately notify Porsche in writing of the reason therefore and (i) Supplier shall propose a new delivery date for compliant performance (which shall be at the Supplier’s own cost) for Porsche’s consideration; and (ii) without prejudice to any other rights and remedies of right or remedy that it may have against the Customer. The Customer Supplier, Porsche shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give entitled forthwith on written notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer Supplier to terminate the whole of any unfulfilled part Agreement for delivery of the Contract Goods and/or Services and (iii) in all cases, the Supplier shall, upon demand, indemnify and keep indemnified, Porsche and each member of the Porsche Group from and against any liability, fines, penalties, claims, costs (including without further liability limitation legal and professional adviser costs), expenses, losses and damages arising from or in connection with such breach or non compliance. 3.6 The Supplier shall be fully responsible for any loss or damage caused to the CustomerGoods whilst in transit and the Supplier shall make good at no additional charge to Porsche any loss, damage or defect in the Goods.

Delivery. 5.1 The Service Provider Products will be delivered to the Customer in instalments in accordance with the Part A Contract Details. Each instalment shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered be invoiced by the Service ProviderSupplier, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected and paid for by the Customer, separately, except as stated in Schedule 1. 5.2 The Supplier shall ensure that: (a) each delivery of Products is accompanied by a delivery note that shows the point order number, the type and quantity of delivery shall Products, and, if the relevant Order is being delivered by instalments, the outstanding balance of Products remaining to be where delivered; and (b) if the Goods are loaded on Supplier requires the Customer to return any packaging materials to the Customer’s vehicle. Except where otherwise provided in Supplier, that fact is clearly stated on the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customernote. The Customer shall be under no obligation to accept or pay make any such packaging materials available for any Goods supplied in excess collection at such times as the Supplier shall reasonably request. 5.3 In respect of each instalment of the quantity ordered. If Products, subject to clause 5.5, delivery shall be deemed completed on the Customer elects not to accept such over-delivered Goods it shall give notice in writing to Products being made available at the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. Delivery Location. 5.4 The Customer shall be under no obligation responsible for arranging the unload and collection of the Products at the Delivery Location on the Delivery Date(s) and arranging for transport of the Products from the Delivery Location to accept the UK, and for obtaining any and all necessary documents, approvals for export and import clearances. 5.5 Where the Customer (or pay third party collection agents appointed directly by the Customer from time to time (“Customer Collection Agents”)) collects the Products, the Supplier shall (subject to any confidentiality obligations set out in this Contract) work directly with the Customer Collection Agents to ensure that they provide necessary support and assistance to the Customer and the Customer Collection Agents in order to arrange such collection, and collection is deemed delivery for the purposes of the Contract. 5.6 The Supplier recognises the importance of the Delivery Dates and agrees in good faith to take all steps reasonably possible to ensure that the Products are ready for collection at the Delivery Location by the relevant Delivery Dates. Due to the severe global impact of Covid-19 and the basis on which the parties have agreed to enter this Contract, the Supplier will not be responsible for any Goods supplied earlier than delays, provided that the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery Supplier shall, without prejudice to any other rights or remedies with the cooperation and support of the Customer, entitle to take all steps reasonably possible to mitigate any delay and to regularly communicate with the Customer. 5.7 If the Supplier delivers an instalment of Products to the Delivery Location up to and including 10% more or less than the quantity of Products ordered, the Customer may not reject such instalment. The Customer may not cancel or reject an instalment of Products delivered to terminate the Delivery Location because of any delay in delivery in a previous instalment. Once the last instalment has been delivered, the parties will adjust the total contract Price according to the number of Products actually delivered. 5.8 The Customer shall visually inspect the Products within a reasonable time following delivery (and in any event with thirty (30) days from delivery) and may, by written notice, reject any Products reasonably found to be damaged, or otherwise not in accordance with Clause 4.1, in any material respect (“Rejected Products”). The whole of any unfulfilled part delivery may be rejected if a reasonable sample of the Contract without further liability Products taken indiscriminately from that delivery is found not to conform in all material respects to the requirements of the Contract. 5.9 The Customer may not cancel or reject an instalment of Products delivered to the Delivery Location because of any incorrect or defective Products in a previous instalment. 5.10 Without prejudice to the provisions of Clause 5.9, upon the rejection of any Products in accordance with Clause 5.8, the Supplier shall at the Customer.’s written request, provided that such notice of rejection has been received by the Supplier within the thirty (30) day time period within Clause 5.8, collect the Rejected Products at the Supplier’s risk and expense within ten

Delivery. (a) The Service Provider Supplier shall endeavour to deliver Goods to the Goods at agreed delivery location on the time(s) and date(s) specified in the Order Formagreed delivery date, but any such date is approximate only. Unless otherwise stated in the Order FormIf no dates are so specified, where the Goods are delivered by the Service Provider, the point of delivery shall be where within a reasonable time of acceptance of the Goods are removed from relevant Quote. Time is not of the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on essence as to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by and the Staff Supplier is not in any circumstances liable for any delay in delivery, however caused. (b) Delivery shall be made during Normal Business Hours (excluding bank or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directpublic holidays). The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer Supplier may release itself from levy additional charges for any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of deliveries made outside such hours at the Customer. 's request. (c) The Customer shall be under no obligation to accept or pay responsible (at the Customer's cost) for any Goods supplied in excess preparing the delivery location for the delivery of the quantity orderedGoods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods (if applicable). If the Supplier is prevented from carrying out delivery or installation on the specified date because no such preparation has been carried out, the Supplier may levy additional charges to recover its loss arising from this event. (d) The Customer elects not shall be deemed to accept such over-delivered have accepted the Goods it shall give notice in writing to when the Service Provider to remove them within Customer has had five (5) working days and to refund inspect it after delivery. (e) 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 Customer any expenses incurred extent that such delay is due by it as a result of such over-delivery (including but not third party for which the Supplier shall have no liability, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of moving similar description and storing 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: (i) a delay from the manufacturer, failing Third Party Supplier or other third party; (ii) an event of Force Majeure; or (iii) 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. (f) 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 such 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 Service Provider Customer for any shortfall below the costs price of such disposal. the Goods. (g) The risk in any over-delivered Supplier may deliver Goods by instalments, which shall remain with the Service Provider unless they are accepted by the Customerbe invoiced and paid for separately. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall may not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery cancel an instalment because of any instalment later than the date specified delay in delivery or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdefect in another instalment.

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) specified a. Delivery charges, levies, imposts or taxes are not included in the Order Formprice of the Goods. b. All delivery dates indicated by the Company shall be estimates only and in no circumstances shall the Company be liable for late delivery. Unless otherwise stated Moreover, the Company shall not be liable for delays in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery circumstances as provided in Clause 3.f below (Force Majeure). c. The Company shall not be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected taken to provide loading or unloading facilities on delivery. d. A signed acknowledgement by the Customer, ’s representatives or appointed shipping agent or courier company designated by the point of Customer upon delivery or collection shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, deemed due delivery shall include the unloading, stacking or installation of the Goods to the Customer and acceptance thereof by the Staff or the Service Provider’s service providers or carriers at such place as Customer unless the Customer informs the Company in writing of any non- delivery or other duly authorised person discrepancy (addressed to its Customer Service Department) within 14 working days of the delivery, together with a copy of the relevant invoice. e. If the Company shall reasonably direct. The Service Provider shall use be unable, through circumstances beyond its best endeavours control (including without limitation lack of shipping instructions from the Customer), to deliver the Goods within the time specified in the Order Form, failing which 14 days after notification to the Customer may release itself from any obligation to accept and pay for or its agent that the Goods and/or terminate are ready for delivery, the Contract, in either case, without prejudice Company shall be entitled to any other rights and remedies arrange storage on behalf of the Customer. The Customer , whereupon delivery shall be under no obligation deemed to accept or pay for any have taken place, and all risk in the Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing pass to the Service Provider to remove them within five (5) working days and to refund Customer. Delivery to the Customer any expenses of the relevant warehouse receipt shall be deemed to be delivery of the Goods for the purposes of the Contract. All charges incurred by it as a result the Company for storage or insurance shall be paid by the Customer within 30 days of such over-delivery (including but not limited submission of an invoice by Company to the costs Customer for the same. Re-deliveries of moving and storing the Goods), failing which Goods due to the Customer’s absence or refusal to accept delivery at the agreed delivery address shall be for the Customer’s sole account. f. The Company shall not be under any liability for any failure to perform any of its obligations under any Contract due to Force Majeure. Following notification by the Company to the Customer may dispose of such Goods and charge an event of Force Majeure, the Service Provider Company shall be allowed a reasonable extension of time for the costs performance of such disposalits obligations. The risk in any over-delivered Goods shall remain with ‘Force Majeure’ means fire, explosion, flood, lightning, ash cloud, airport closures, disruption to sea routes, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike, or similar official labour dispute, or events or circumstances outside the Service Provider unless they are accepted reasonable control of the party affected thereby. g. Unless otherwise expressly agreed by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated Company in the Order Form. Unless expressly agreed to the contrarywriting, the Customer shall not be obliged to accept delivery by instalments. If liable for all duties, levies, imposts, taxes or other liabilities arising on the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies exportation of the Customer, entitle Goods from Singapore and the Customer to terminate the whole of any unfulfilled part importation of the Contract without further liability to the CustomerGoods into another country.

Delivery. (a) The Service Provider Supplier shall endeavour to deliver Goods to the Goods at agreed delivery location on the time(s) and date(s) specified in the Order Formagreed delivery date, but any such date is approximate only. Unless otherwise stated in the Order FormIf no dates are so specified, where the Goods are delivered by the Service Provider, the point of delivery shall be where within a reasonable time of acceptance of the relevant Statement of Work. Time is not of the essence as to the delivery of the Goods are removed from and the transporting vehicle at the Premises. Where the Goods are collected by the CustomerSupplier is not in any circumstances liable for any delay in delivery, the point of delivery however caused. (b) Delivery shall be where the Goods are loaded on to 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 vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. request. (c) The Customer shall be under no obligation to accept or pay responsible (at the Customer’s cost) for any Goods supplied in excess preparing the delivery location for the delivery of the quantity orderedGoods and for the provision of all necessary access and facilities reasonably required to deliver and install the Goods (if applicable). If the Supplier is prevented from carrying out delivery or installation on the specified date because no such preparation has been carried out, the Supplier may levy additional charges to recover its loss arising from this event. (d) The Customer elects agrees that it will inspect the Goods immediately upon delivery or collection and in all cases shall: (i) not sign to accept such over-delivered the Goods it shall give notice if the types/quantities of Goods are incorrect or the Goods and/or their packaging are damaged in any way; and/or (ii) inform the Supplier in writing within forty eight (48) hours of delivery of any damage, shortages, defects or non-delivery of the Goods which was not apparent at the time of delivery/collection, and, where the Customer fails to do so, they shall be deemed to have accepted the Goods. (e) 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 Service Provider extent that such delay is due by a third party for which the Supplier shall have no liability, its liability shall be limited to remove them replacing the Goods within five a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods. The Supplier shall have no liability for any failure to deliver Goods to the extent that such failure is caused by: (5i) working a delay from the manufacturer, Third Party Supplier or other third party; (ii) an event of Force Majeure; or (iii) 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. (f) The Supplier shall not in any circumstances be liable for any non-delivery of Goods (even if caused by the Supplier's negligence) unless the Customer notifies the Supplier in writing of the failure to deliver within seven (7) days after the scheduled delivery date. (g) 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 the Supplier's failure to comply with its obligations under the Agreement in respect of the Goods: (i) 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 (ii) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). (h) If, ten (10) Business Days after the day on which the Supplier attempted to refund 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 expenses incurred by it as a result excess over the price of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which or charge the Customer for any shortfall below the price of the Goods. (i) The Supplier may dispose of such deliver Goods by instalments, which shall be invoiced and charge the Service Provider paid for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customerseparately. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall may not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery cancel an instalment because of any instalment later than the date specified delay in delivery or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdefect in another instalment.

Delivery. 9.1 The Service Provider Customer hereby confirms that the goods or services on the Tax Invoice issued duly represent the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place, that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. 9.2 Notwithstanding the provisions of sub-clause 1 above, all orders or variations to orders, whether oral or in writing, shall be binding and subject to these standard conditions of sale and may not be cancelled. 9.3 CESCO shall be entitled in its sole discretion to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides in its sole discretion. 9.4 CESCO shall be entitled to invoice separately each delivery / performance actually made. 9.5 The Customer shall be responsible for procuring and arranging for the transportation of goods from CESCO’s premises to any destination required by the Customer unless otherwise agreed by CESCO in writing. Delivery shall be completed when the goods are handed to the Customer or its agent at CESCO’s premises and before loading commences. After completion of delivery CESCO shall not be responsible for the arrival of the goods at their destination or for any loss or damages to the goods from any cause whatsoever, while in transit. 9.6 Should CESCO, at the Customer’s request, agree to engage a carrier to transport the goods for the Customer then: 9.6.1 CESCO is authorised to engage a carrier on such terms and conditions as it deems fit. 9.6.2 The Customer hereby indemnify CESCO against all demands and claims which may be made against it by the carrier so engaged and all liability which CESCO may incur to the carrier arising out of the transportation of the goods. 9.6.3 Notwithstanding any other provision in this Agreement to the contrary the obligation to deliver the Goods at goods shall in all cases be subject to the time(sfollowing conditions precedent:- 9.6.3.1 the availability of the goods ordered; 9.6.3.2 timeous receipt by CESCO of any drawings, designs and specifications that may be required by CESCO from the Customer provided that such drawings, design and specifications shall be deemed to have been given to CESCO for the purposes of description only and shall not form part of this Agreement. 9.7 Time shall not be of the essence of the Agreement delivery dates and must be treated as approximate only based on the latest information available to CESCO. Under no circumstances shall the Customer be entitled to withdraw from or terminate this Agreement on account of any nature against CESCO arising from late delivery. 9.8 If the Customer fails to take delivery of the goods on due date then:- 9.8.1 the risk shall pass immediately from CESCO to the Customer; 9.8.2 the Customer shall refund to CESCO on demand the reasonable costs (including storage and insurance) and date(sof keeping the goods during the period of that delay. 9.9 If delivery is made in instalments then the provisions of this clause shall apply to each installment. 9.10 Any delivery note or waybill (copy or original) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered signed by the Service ProviderCustomer or a third party engaged to transport the goods and held by CESCO shall be conclusive proof that delivery was made to the Customer. 9.11 The Customer agrees that a signature on CESCO’s official Delivery Note/Invoice shall constitute prima facie proof of delivery of goods, or services purchased, unless the contrary is proved by the Customer. 9.12 Should the Customer or his representative fail to effect delivery of the goods within 14 (fourteen) days after being informed by CESCO that the goods are ready for dispatch, the point Customer will be invoiced as if the goods had been dispatched. The risk of loss or damage shall pass to the Customer upon expiry of the aforesaid 14 (fourteen) days. 9.13 Should the Customer fail to take delivery of the goods tendered by CESCO within the abovementioned 14 (fourteen) days, CESCO shall be where entitled to store or have such goods stored on behalf of the Goods are removed from Customer. All costs and damages relating to the transporting vehicle at failure of the Premises. Where Customer shall be for the Goods are collected account of the Customer, and CESCO shall be indemnified against any and all loss or damage, which may have been suffered by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at resulting from such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. storage. 9.14 If the Customer elects not provides a date of shipment and said date is postponed due to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result lack of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept transport or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contraryshipping, the Customer shall not be obliged to accept delivery by instalments. If liable for the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdemurrage and storage charges.

Delivery. The Service Provider shall deliver All delivery times quoted are estimates only. If the Goods at Buyer and/or Buying Company accepts delivery of goods after the time(s) and date(s) specified estimated delivery time, it will be on the basis that the Buyer and/or Buying Company has no claim against us for delay (including indirect or consequential loss, or increase in the Order Formselling price). Unless otherwise stated in The Buyer and/or Buying Company may not cancel the Order Form, where contract if they provide notice after XXXXX XXXXXXX has placed a purchase order for the Goods are delivered raw materials. Subject to Article 8. Delivery costs shall be borne by the Service Provider, the point of delivery Buyer and/or Buying Company and shall be where invoiced by XXXXX XXXXXXX, unless the Goods are removed from Buyer and/or Buying Company specifies the transporting vehicle at use of their own carrier. The goods shall be delivered to the Premisesaddress indicated by the Buyer and/or Buying Company on the purchase order. Where the Goods Buyer and/or Buying Company does not provide a delivery address with the purchase order, it is the responsibility of the Buyer and/or Buying Company to provide an address before the goods are collected available to be shipped. The goods shall be shipped at the Buyer and/or Buying Company's risk, even in the case of prepaid shipping. In case of loss or delay during transport all claims shall fall to the Buyer and/or Buying Company, who shall exercise its rights against the carrier within the applicable time limits according to the mode of transport. No delay shall incur our liability and give rise to any claim for damages whatsoever, nor result in the cancellation of the order by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicleBuyer and/or Buying Company. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation The entrusting of the Goods by goods to a carrier or forwarding agent of XXXXX XXXXXXX'x choice shall not result in any dispensation of the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably directprovisions above. The Service Provider shall use its best endeavours Buyer and/or Buying Company must inspect the goods on delivery. If any goods are damaged or not delivered the Buyer and/or Buying Company must write to deliver the Goods XXXXX XXXXXXX within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies five days of the Customerdelivery. The Customer shall be under no obligation Buyer and/or Buying Company must give XXXXX XXXXXXX and any carrier a fair chance to accept or pay for any Goods supplied in excess of inspect the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerdamaged goods.

Delivery. Partial delivery shall not affect the payment period where a credit passed has been approved and where no credit period has been approved the customer shall pay the full invoice price, notwithstanding partial delivery. Any delivery date indicated by the supplier shall merely be regarded as the estimated date of delivery and shall not bind the supplier to effect delivery on or near such date. The Service Provider customer shall deliver accept delivery whenever it is tendered and shall not be entitled to resile from the Goods agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against the supplier, its servants, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio xxxxxx) whether for losses, costs, damages, expenses, interest or otherwise (not limited ejusdem generis) on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent (including grossly negligent) act or omission, on the part of the supplier, its servants, agents or any other persons for whom it is liable in law, or not. If the goods are to be delivered by road, the customer shall be obliged to procure that the delivery destination shall be easily accessible to road transport vehicles. The customer shall be responsible for off-loading the goods at the time(s) and date(s) specified in delivery destination. If the Order Form. Unless otherwise stated in the Order Form, where the Goods goods are to be delivered by the Service Providerrail, the point of delivery customer shall be where responsible for collection of the Goods are removed from the transporting vehicle goods at the Premisesrailhead. Where The customer shall be obliged to inspect all goods upon delivery and shall endorse the Goods are collected by delivery note as to any missing or damaged goods. No claims for missing or damaged goods shall be valid unless the Customerdelivery note has been endorsed as aforesaid and unless, in addition, the point of delivery shall be where customer notifies the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided supplier in the Contract, delivery shall include the unloading, stacking or installation writing within 3 (three) business days of the Goods by delivery of the Staff or goods of the Service Provider’s service providers or carriers at claim in question and the goods relating to such place as the Customer or other duly authorised person shall reasonably directclaim, furnishing full details in regard thereto. The Service Provider customer shall use its best endeavours bear the onus of proving that upon delivery, any goods are missing or damaged or that the customers order was in any way not complied with. If the supplier is unable to deliver the Goods within goods to the time specified in customer due to any act or omission on the Order Formpart of the customer or where the customer fails or refuses for any reason whatsoever to collect the goods for more than 14 (fourteen) days from date of dispatch, failing which the Customer may release itself from any obligation supplier shall be entitled to accept and pay charge the customer for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies storage of the Customergoods at a rate of 2% (two percent) of the invoice value of the goods per month, subject to a minimum of R150-00 (one hundred and fifty rand) per month, calculated from the date when the goods were available for dispatch or collection. The Customer customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees furnish information necessary to delivery by instalments, enable delivery of any instalment later than the date specified relevant goods to be affected and if the customer fails or agreed for its delivery refuses to do so, or if it fails or refuses delivery, the goods shall, without prejudice to any other rights or remedies the provisions of the Customerclause, entitle the Customer be deemed to terminate the whole of any unfulfilled part of the Contract without further liability have been delivered to the Customercustomer upon notification by the supplier to the customer to that effect. If the supplier agrees to engage a third party to transport the goods, the supplier is hereby authorized to engage a third party on the customer’s behalf and on the terms deemed fit by the supplier. The customer hereby indemnifies the supplier against any claims that may arise from such agreement against the supplier. The customer shall reimburse the supplier for any costs incurred in arranging special delivery, including but not restricted to the cost of necessary disbursements and insurance. Any documentation purporting to evidence the said extra costs will be deemed to be prima fide proof thereof.

Delivery. The Service Provider 9.1 Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the Company’s place of business in normal business hours and the Customer shall take delivery of the Goods within 7 days of the Company giving the Customer notice that the Goods are ready for delivery. 9.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence. If no dates are so specified, delivery will be within a reasonable time. 9.3 If for any reason the Customer does not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations then the Goods will be deemed to have been delivered, risk passing to the Customer (including for loss or damage caused by the Company’s negligence) and the Company may:- 9.3.1 store the Goods until actual delivery whereupon the Customer will be liable for all related costs and expenses (including without limitation storage and insurance); or 9.3.2 sell the Goods at the time(sbest price readily obtainable and (after deduction of all reasonable storage and selling expenses) and date(s) specified in charge the Order Form. Unless otherwise stated in Customer for any shortfall below the Order Form, where Contract price. 9.4 The Customer will provide at its expense at the Goods are delivered by the Service Provider, the point place of delivery shall be where adequate and appropriate equipment and manual labour for loading the Goods. 9.5 If the Company delivers to the Customer a quantity of Goods are removed from of up to 5% more or less than the transporting vehicle at the Premises. Where the Goods are collected quantity ordered by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for the Goods delivered at the pro rata Contract rate. 9.6 The Company shall be entitled at its discretion to make delivery of the Goods by instalments and to invoice the Customer for each instalment individually. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions 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 or to refuse to accept subsequent instalments. 9.7 The Customer will be deemed to have accepted the Goods as being in accordance with the Contract unless: - 9.7.1 within 7 days of the date of delivery by instalments. If of the Goods, the Customer specifies notifies the Company in writing of any defect or agrees other failure of the Goods to delivery conform with the Contract (which would be apparent upon reasonable inspection and testing of the Goods within 7 days); or 9.7.2 the Customer notifies the Company in writing of any defect or other failure of the Goods to conform with the Contract within a reasonable time where the defect or failure would not be so apparent within 7 days of the date of delivery, failing which the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 9.8 The Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by instalments, any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor will any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, delay entitle the Customer to terminate or rescind the whole Contract. 9.9 The Company shall only be liable for any non- delivery of any unfulfilled part Goods (even if caused by the Company’s negligence) if the Customer gives written notice to the Company within 7 days of the Contract without further liability date when the Goods would, in the ordinary course of events, have been delivered. 9.10 If the Customer gives notice to the CustomerCompany in accordance with Condition 8.9, the liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

Delivery. The Service Provider 5.1 Unless otherwise agreed in writing by the Company, delivery shall deliver be deemed to take place when the Goods are made available by the Company at the time(s) Delivery Point, for collection by the Customer or its carrier at the Company’s premises (“Delivery”). 5.2 Any and date(s) all dates and periods specified by the Company for Delivery are estimates only and do not constitute fixed times for delivery. Delivery shall not be of the essence of the Contract and shall not be made of the essence by notice. The Company shall have no liability for any damages, losses, costs or expenses whatsoever or in connection with the failure by the Company to meet any delivery times specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the CustomerOrder. The Customer shall have no right to cancel an order for a failure of the Company to meet any delivery times. 5.3 The Company will endeavor to comply with any reasonable request by the Customer for postponement of Delivery but shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If do so and the Customer elects not is obliged to accept take Delivery at such over-delivered Goods it shall give notice date and time as specified by the Company. Where postponement is agreed by the Company in writing the Customer shall, if required, pay all costs and expenses including a reasonable charge for storage occasioned thereby and any costs incurred by the Company in relation to any insurance payments reasonably made by it. The Company reserves the Service Provider right to remove them within five (5) working days and to refund deliver the Goods to the Customer in partial shipments. Where the Goods are delivered in partial shipments, each Delivery shall constitute a separate contract and failure by the Company to deliver any expenses incurred one or more of the partial shipments in accordance with these Terms or any claim by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose in respect of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept one or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer more installments shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of treat the Contract without further liability to as a whole as repudiated. 5.4 The date for Delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Customer. 5.5 If the Customer is ordering Goods for Delivery outside of the country of manufacture by the Company, such Goods may be subject to import duties and taxes which are levied when the Goods reach the specified destination. The Customer will be responsible for payment of such import duties and taxes. The Customer will comply with all laws and regulations of the country for which the Goods are destined and the Company will not be liable for any breach of those laws. 5.6 The Customer shall (and shall procure that its sub‐contractors and agents shall): (a) Strictly follow all instructions and installation materials related to the Goods and not make any alteration, modification or addition to the Goods or packaging (and any

Delivery. The Service Provider Goods shall deliver be picked up by Buyer, Buyer’s agent, a carrier (which may be paid for by Buyer or Seller), or delivered by Seller to Buyer’s designated location, as determined by the Order. Buyer acknowledges that Seller’s products (and/or the materials used in the production of the products) are purchased on the market, and can therefore be subject to delays in deliveries or supply shortages. Seller shall not be liable to Buyer in any way, for any reason, for any delays in Goods availability or delivery, however caused. Seller shall have the right, in its sole discretion, to schedule and reschedule all delivery dates. SELLER SHALL NOT BE LIABLE, IN ANY WAY, TO BUYER FOR DELAYS IN EXPECTED DELIVERY DATES, SHIPPING DATES, LEAD TIMES, OR THE LIKE. Any statements, written or oral, by Seller regarding delivery dates, shipping dates, lead times, or the like, shall not be binding on Seller, and shall only constitute a non-binding estimate. Time for delivery shall not be of the essence. Buyer is responsible to take receipt of the Goods on the date of delivery specified in the Order, or the date of delivery Seller has notified Buyer of, in Seller’s sole discretion. Seller may, in its sole and absolute discretion, change the date of delivery of the Goods at Buyer’s request; however, Seller is under no obligation to change the time(s) date of delivery of the Goods, and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where date of delivery of the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premisesas determined by Seller, in Seller’s sole discretion. Where the Goods are collected to be delivered in installments, each delivery shall constitute a separate contract, and the Seller may invoice separately for each installment. Failure by Seller to deliver any one or more of the Customerinstallments, or any claim by Buyer in respect of any one or more installments, shall not entitle Buyer to treat the Terms, including, but not limited to, the point Order, as a whole, as repudiated. If, pursuant to the Order, Buyer is to pick up Goods at Seller’s place of business, whether by Buyer, Buyer’s agent, or a carrier contracted for by Buyer, and Buyer, Buyer’s agent, or a carrier contracted for by Buyer fails to pick up the Goods on the scheduled delivery date as notified by Seller, or Buyer fails to respond to Seller’s notification, Seller may elect, in its sole discretion, to (i) deliver the Goods to Buyer as provided for herein, or (ii) Buyer shall be where have thirty (30) days from Seller’s original notification that the Goods are loaded on ready for delivery or pick-up (“Storage Period”) in which to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of pick up the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person from Seller. Seller shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay not be responsible for the Goods and/or terminate after the ContractStorage Period, and Goods remaining with Seller after the Storage Period may (i) be subject to a storage fee assessed by Seller, in either caseSeller’s sole discretion, without prejudice or (ii) taken back into Seller’s inventory and no longer be available to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerBuyer.

Delivery. The Service Provider Delivery of goods under the Order must be made in the quantities and on the dates specified by Buyer, and any failure of Seller to provide the same shall deliver be a material breach of this Contract. Partial shipments shall be allowed only if expressly indicated in the Goods Order. Unless otherwise specified in the Order, delivery is Delivered Duty Paid, as defined in Incoterms 2010 (meaning that (i) Seller delivers the goods when the goods are placed at the time(sdisposal of Buyer, cleared for import on the means of transport ready for unloading at the named place of destination and (ii) Seller bears all costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities), Buyer’s location or such other destination as may be specified in the Order. Seller acknowledges that Buyer’s production and marketing schedules are based in part upon the delivery/completion date(s) specified in the Order FormOrder. Unless otherwise stated Time and place of delivery are, therefore, of the essence with respect to Xxxxxx’s performance under the Order. Any provision in the Order Form, where the Goods are delivered or subsequent agreement by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation Buyer for installment deliveries of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time items specified in the Order Formshall not be construed as a waiver of this requirement or as severing Seller’s obligations for full, failing which on-time delivery of all items specified in the Customer Order. If Seller reasonably determines in good faith that it either cannot or may release itself from not complete delivery or performance at the specified time and place or in the specified manner, Seller shall promptly notify Buyer in writing and indicate the earliest possible date that it reasonably can complete conforming delivery and performance using Seller’s best efforts. Notwithstanding such notice, and notwithstanding that Seller’s failure to effect conforming delivery or performance may be or is the result of Force Majeure (as defined in Section 10 hereof), Seller’s failure to effect conforming delivery of goods or performance of services shall entitle Buyer, by written notice to Seller, to cancel the current delivery. For this purpose, Buyer shall be granted a contractual right of withdrawal. Buyer subsequently shall be entitled, at Buyer’s sole option and without any obligation liability to accept and pay for Buyer hereunder, to the Goods and/or terminate the Contractextent permitted by applicable law, to do or cause to be done, in either case, without prejudice addition to any other rights and remedies available to Buyer under this Contract or under applicable law, one or more of the Customer. The Customer shall be under no obligation following: revoke any prior acceptance of a partial delivery or performance by Seller, to accept return at Seller’s risk and expense all or pay any part of items delivered in partial satisfaction of the Order, to cancel the Order, to receive a refund of any amounts paid to Seller pursuant to the Order for any Goods supplied items returned to Seller, to purchase substitute goods or services elsewhere and charge Seller with any loss or additional costs incurred in excess of the quantity ordered. If the Customer elects not connection with such purchases and, in case Seller’s failure to accept such over-delivered Goods it shall give notice perform is in writing to the Service Provider to remove them within effect for less than [five (5) working days and days], to refund require Seller to promptly correct all defects in delivery or performance and/or otherwise to provide to Buyer conforming goods or services. If in order to comply with Xxxxx’s required delivery date it becomes necessary for Seller to ship the Customer items by a more expensive mode of transportation than specified in the Order, any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer increased transportation cost resulting therefrom shall be under paid for by Seller unless the necessity for such rerouting or expedited handling has been requested in writing by Xxxxx. Overshipments may be returned by Buyer at Seller’s risk and expense, or retained by Buyer at no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated increase in price. Unless specifically indicated in the Order Form. Unless expressly agreed to the contraryOrder, the Customer shall not payment may be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies made after acceptance of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customergoods or services.

Delivery. The Service Provider shall deliver the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Goods are delivered Times for delivery or performance by the Service ProviderSupplier are estimates only and, except by operation of law or as otherwise agreed, time shall not be of the essence. If delivery of any Goods has not been made 30 days after the agreed time, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation entitled to accept or pay for any rescind the Contract in respect of those Goods supplied in excess and return them, and the liability of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it Supplier shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not be limited to a cancellation of the costs of moving and storing the Goods), failing price due for those which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are have not been accepted by the Customer. The Customer shall be under no obligation deemed to accept or pay for any have accepted Goods supplied earlier than the date for delivery stated in the Order Form1 day after their delivery. Unless expressly agreed to the contraryAfter acceptance, the Customer shall not be obliged entitled to accept delivery reject Goods which are not in accordance with the Contract. The Supplier will deliver the Goods: to the Delivery Location by instalmentsthe time or within the period, agreed in the Contract, or failing any agreement, without undue delay in instalments if the Supplier suffers a shortage of stock or other genuine reason, subject to the above provisions and provided the Customer is not liable for extra charges. If the Customer specifies or agrees its nominee fails, through no fault of the Supplier, to delivery by instalments, take delivery of any instalment the Goods at the Delivery Location, the Supplier can charge the reasonable costs of storing and redelivering them. Any claim that Goods have not been delivered must be notified in writing to the Supplier no later than 1 Working Day after the agreed date specified for delivery. The Customer must inspect the Goods immediately on delivery and must no later than 1 Working Day after delivery notify the Supplier in writing of any shortage in delivery, damage or agreed for its delivery shall, without prejudice to any other rights non-conformity with the Contract that ought reasonably to have been apparent on a reasonable inspection of the Goods. Risk and Title Risk of loss of or remedies damage to the Goods shall pass to the Customer at the time of delivery of the Goods. The Supplier will still own the Goods, regardless of delivery, until the Customer has paid the Supplier in full for those Goods and VAT thereon, and all other sums due from the Customer to the Supplier at that time, provided that the property in the Goods can pass from the Supplier upon such property passing to the Customer's buyer in the manner permitted below. While the Supplier still owns any of the Goods, the Customer: will hold those Goods on a fiduciary basis as the Supplier's property and on the Supplier's behalf as bailee and depository for the Supplier and the Supplier must ensure that they are clearly identifiable as belonging to the Supplier; can use or resell those Goods on its own account in its ordinary course of trade to its usual type of customers only, but (in addition to the Supplier's other rights) this right will terminate immediately if any step occurs towards an Insolvency Event; must not otherwise deal with, pledge, encumber (except by floating charge), sell or dispose of those Goods. If any step is taken towards any Insolvency Event or if the Customer is overdue in any payment due, all sums shall become immediately due and payable and the Supplier can choose, by immediate notice to the Customer, entitle to end the Customer's right, if still continuing, to use or resell the Goods still owned by the Supplier, enter any place to recover those Goods, and suspend or cancel any deliveries, and the Supplier shall be entitled upon demand to the immediate recovery of all those Goods. The Customer irrevocably gives the Supplier authority to terminate enter any place to recover those Goods. Such recovery shall not cancel the whole Customer's obligation to pay the price for those Goods, provided that the Supplier must make a fair allowance for the value of any unfulfilled part of Goods which the Contract without further liability to the CustomerSupplier has recovered.

Delivery. 8.1 The Service Provider Goods shall deliver be delivered to, and/or the Goods at Services shall be performed at, the time(s) and date(s) specified in Delivery Address on the Order Form. Unless otherwise date or within the period stated in the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on or in any relevant Schedule to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies unless otherwise agreed in Writing, during the RNB Group’s usual business hours. 8.2 Where the date of delivery of the Customer. Goods and/or of performance of the Services is to be specified after the placing of the Order, the RNB Group shall give the Supplier reasonable notice of the specified date. 8.3 The Customer Supplier shall supply the RNB Group on request with any instructions or other information required to enable the RNB Group to accept delivery of the Goods and/or performance of the Services. 8.4 The time of delivery of the Goods and/or performance of the Services is of the essence of the Contract. 8.5 Packaging shall be under no obligation clearly marked with any appropriate instalment number and shall be in accordance with any requirement specified from time to accept time by RNB Group and all Goods and materials supplied will carry such information as specified by RNB Group. Packages containing Goods supplied against RNB Group’s Purchase Order numbers, job numbers and associated specifications must be marked with the appropriate reference or pay for as otherwise directed by RNB Group. 8.6 If the Goods are to be delivered, and/or the Services are to be performed, by instalments, the Contract will be treated as a single contract and not severable. 8.7 The RNB Group shall be entitled to reject any Goods supplied delivered which are not in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain accordance with the Service Provider unless they are Contract, and shall not be deemed to have accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than until the date for RNB Group has had a reasonable time to inspect them following delivery stated or, if later, within a reasonable time after any latent defect in the Order Form. Unless expressly agreed to the contrary, the Customer Goods has become apparent. 8.8 The RNB Group shall not be obliged to accept delivery return to the Supplier any packaging or packing materials for the Goods, whether or not any Goods are accepted by instalments. the RNB Group. 8.9 If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than Goods are not delivered and/or the Services are not performed on the due date specified or agreed for its delivery shallthen, without prejudice to any other rights remedy, the RNB Group shall be entitled to deduct from the Price or remedies (if the RNB Group has paid the price) to claim from the Supplier for delay, a percentage of the Customerprice, entitle as specified in the Customer Order or in any relevant Schedule to terminate the whole Contract, for every week’s delay, up to a maximum of 100 per cent. 8.10 The Supplier shall be responsible for any unfulfilled part expenses incurred to deliver any incorrectly delivered Goods to the correct delivery point or return any items delivered in excess of the Contract without further liability to quantity specified in the CustomerOrder or in any relevant Schedule.

Delivery. The Service Provider shall deliver the Goods a. Except as otherwise agreed in writing at the time(stime of contract delivery of goods and/or services shall be the location set out in the purchase order or at Generix sole discretion such location as near the site of delivery as a safe hard road permits and for unloading at ground level. b. If there is no representative of the customer on site to receive delivery and sign the delivery note (and pay for the goods on a cash on delivery transaction) Generix may refuse to deliver and date(s) any abortive delivery and /or storage charges incurred by Generix will be paid by the customer. c. If the customer fails to take or accept delivery of the goods within three business days of Generix notifying the customer that the goods are ready, then, except where such failure or delay is caused by a Force Majeur e event delivery of the goods shall be deemed to have been completed at 9.00am on the third business day after he day on which Generix notified the customer that th e goods were ready and Generix shall store the goods until delivery takes place and charge the customer for all related costs and expenses [including insurance, if it is taken out]. d. If Generix store goods for the customer, then Generix are entitled to payment for the goods as materials stored off -site. e. If ten business days after the day on which Generix notified the customer that the goods were ready for delivery but the customer has not taken or accepted delivery of them, Generix 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. f. Where the contract provides for delivery of the goods by installments, each instalment shall be deemed to be the subject of a separate contract and non•delivery or delay of delivery of any one instalment shall not affect the balance of the contract or entitle the customer to cancel the same. g. Delivery dates are given in good faith, are approximate only and time for delivery shall not be of the essence. Every effort will be made to ensure due performance but Generix shall not be liable for damages or consequential loss arising from delays caused by strikes, lockouts, breakdowns, fires or any other circumstances beyond Generix reasonable control, for example Force Majeure Events. If the customer's instructions or lack of instructions causes delay in delivery Generix shall be entitled to an extension of the time originally agreed and to payment in respect of any additional costs incurred. h. Delivery of the quantity of materials ordered discharges Generix responsibility. The customer shall not be entitled to reject the goods if Generix delivers up to and including 5% more or less than the quantity of goods ordered but a pro rata adjustment shall be made to the invoice on receipt of notice from the customer that the wrong quantity of goods was delivered. i. Delivery of the goods and/or services is completed upon completion of: i. the collection of the goods by the customer from Generix; or ii. Generix loading the goods onto a third-party carrier engaged by the customer for transportation to the customer to such place as specified in the Order Formorder; or iii. Unless otherwise stated in Generix delivering the Order Form, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on goods to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers customer at such place as specified in the Customer or other duly authorised person order via a third-party carrier engaged by Generix; or iv. Generix personally delivering the goods to the customer to such place as specified in the order and where goods are pursuant to an order relating to services, delivery of such services shall reasonably direct. The Service Provider shall use its best endeavours be deemed to have taken place upon installation of the same by Generix. j. If Generix fails to deliver the Goods within the time specified in the Order Formgoods, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer its liability shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs and expenses incurred by the customer in obtaining replacement goods of moving similar description and storing quality in the Goods)cheapest market available, failing which less the Customer may dispose price of the goods. Generix shall have no liability for any failure to deliver the goods to the extent that such Goods and charge failure is caused by a Force Majeure Event or the Service Provider for customer's failure to provide the costs supplier with adequate delivery instructions or any other instructions that are relevant to the supply of such disposal. the goods k. The risk in any over-delivered Goods the goods shall remain pass to the customer on completion of delivery. l. The customer agrees with Generix that it shall provide as much information as Generix requires, (including without prejudice to the Service Provider unless they are accepted generality of the foregoing, the ability to access the site and undertake surveys and or liaise with relevant personnel) in order for Generix to fulfill its obligations under the contract. Any costs incurred for providing the information shall be borne by the Customer. customer. m. If Generix requires the customer to return any packaging materials the customer shall make any such packaging materials available for collection at such times as Generix shall reasonably request. n. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer customer shall not be obliged entitled to accept delivery by instalments. If reject the Customer specifies goods if Generix delivers less or agrees to delivery by instalments, delivery of any instalment later more than the date specified quantity of goods ordered, but a pro-rata adjustment shall be made to the order to reflect the correct quantity of goods delivered. o. Generix may deliver the goods by installments, which shall be invoiced and paid for separately. Any delay in delivery or agreed for its delivery shall, without prejudice defect in an installment shall not entitle the customer to cancel any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerinstallment.

Delivery. The Service Provider shall 8.1 Subject to clause 10, the Company will deliver the Goods at to the time(s) and date(s) address specified in an Order unless otherwise agreed between the Order Form. Unless otherwise stated in parties. 8.2 If the Order FormCompany or its agent is not responsible for the delivery of the Goods, where delivery is made when the Goods are delivered leave the premises of the Company. 8.3 If the Customer requires the Goods to be supplied by the Service Providera specific date, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall Company will use its best endeavours to comply with that request although the Company is not liable for any Loss whether consequential or direct arising from late delivery or non- delivery of Goods. 8.4 Delivery of the goods is subject to availability at the time of order placement. Should there be any changes to the final delivery date, SOLAFT will use its best endeavours to communicate with the customer and provide an updated date once the purchase order is placed with SOLAFT. 8.5 The Company may at its discretion deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer in any expenses incurred number of instalments unless the Customer has specifically requested no instalment delivery of the Goods. If any of the Goods delivered by it as instalment are defective for any reason, the defective instalment will be a result severable breach and will not be deemed a repudiation of such over-delivery this Agreement. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions. 8.6 The Customer waives any claim for shortage of any Goods delivered if a claim in respect of shortage has not been lodged with the Company within seven (7) days from the date of receipt of Goods by the Customer. 8.7 The Service commencement date will be put back and/or the completion date extended by whatever time is reasonable in the even that the Company claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond the Company’s control, including but not limited to the costs of moving and storing the Goods), failing which any failure by the Customer may dispose of such Goods and charge to: a) Confirm a pending decision on selection; or b) Have the Service Provider Site ready for the costs of such disposal. The risk in any over-delivered Goods shall remain with Services; or c) notify SOLAFT that the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer.site is ready

Delivery. The Service Provider Supplier shall deliver the Goods at the time(s) and date(s) delivery point or points specified in the Purchase Order Form. Unless otherwise stated in the Order Formor elsewhere as Company may direct, where the Goods are delivered by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where Supplier’s expense, not earlier than the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the date and time specified in the Order Form, failing which Purchase Order. Company may at its discretion request the Customer may release itself from any obligation Supplier to accept and pay for make delivery outside Working Hours but unless Company notifies the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice Supplier in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept deliveries outside of Working Hours. In making delivery by instalmentsthe Supplier shall comply fully (and shall procure that its carriers comply fully) with any delivery requirements/procedures at the delivery point or points which have been brought to the Supplier’s attention. Whenever a time of and/or date for delivery of Goods and/or performance of the Services is stated on the Purchase Order, the time of and/or date for delivery of Goods and/or performance of the Services shall be of the essence of the Contract. The Supplier shall give Company immediate notice of any potential delay in delivery of the Goods and/or performance of the Services. If the Customer specifies Supplier fails to deliver the Goods and/or perform the Services by the time and/or date specified in the Purchase Order (if any) Company may without prejudice to its other rights reject the Goods and/or Services and terminate the Contract in accordance with condition 8 hereof. Physical delivery of the Goods to and/or performance of the Services for and acknowledgement or agrees receipt thereof by Company shall not be deemed to delivery be any acceptance of a variation in the Purchase Order or the Contract. Even if the Goods are to be delivered or the Services performed by instalments, delivery the Contract shall be treated as a single contract and not severable. Failure to deliver one instalment of any instalment later than the Goods and/or Services by the time and/or date specified or agreed for its delivery shallin the Purchase Order (if any) shall allow Company, without prejudice to any its other rights or remedies of to reject the Customer, entitle the Customer to Goods and/or Services and terminate the whole of any unfulfilled part of the Contract without further liability to the Customerin accordance with condition 8 hereof.

Delivery. 4.1 The Service Provider Supplier shall deliver ensure that: (a) the Goods at are properly packed and secured in such a manner as to enable them to reach their destination in good condition, free of any defects whatsobver; (b) each delivery of the time(s) Goods is accompanied by a delivery note which shows: the date of the Order, the Order number (if any), the type and date(squantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any), any labelling requirements (such as barcoding) specified in the Order Form. Unless otherwise stated in the Order Formand, where if the Goods are being delivered by the Service Providerinstalments, the point outstanding balance of Goods remaining to be delivered; (c) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact shall be clearly stated on the delivery note. Any such packaging material shall be returned to the Supplier at the cost of the Supplier. 4.2 Unless delayed by Force Majeure, time for delivery shall be where of the Goods are removed from essence. The Supplier shall deliver the transporting vehicle at Goods: (a) on the Premises. Where date specified in the Goods are collected Order, or, if no such date is specified, within 28 days of the date of the Order; (b) to such location as is set out in the Order, or as instructed by the Customer prior to delivery (Delivery Location); and (c) during the normal business hours of the Customer, or as instructed by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation . 4.3 Delivery of the Goods by shall be completed on the Staff completion of unloading the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its discretion reject the Goods or the Service Provider’s service providers excess Goods, and any rejected Goods shall be returnable at the risk and expense of the Supplier. If the Supplier delivers more or carriers at such place as less than the quantity of Goods ordered, and the Customer or other duly authorised person accepts the delivery, a pro rata adjustment shall reasonably direct. be made to the invoice for the Goods. 4.5 The Service Provider Supplier shall use its best endeavours to not deliver the Goods within in instalments without the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies prior written consent of the Customer. The Customer shall Where it is agreed that the Goods are to be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment later than the date specified on time or agreed for its delivery shall, without prejudice to at all or any other rights or remedies of the Customer, defect in an instalment shall entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customerremedies set out in clause 5.

Delivery. The Service Provider Seller shall deliver the Goods at Items to Purchaser on the time(s) and date(s) specified indicated in the Order FormPurchase Order. Time is of the essence. If Seller anticipates that it will not deliver the Items on the date(s) indicated, Seller shall immediately notify Purchaser by the fastest available means of the anticipated failure and the anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) indicated in the Purchase Order, the Purchaser may terminate the Contract and pursue other remedies. Unless otherwise stated indicated on the Purchase Order, all shipments shall be delivered F.O.B. to the destination designated by Purchaser in the Order FormPurchase Order, where the Goods are delivered by the Service Provider, the point and title and risk of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods loss shall remain with Seller until the Service Provider Items in a completed state are received by Purchaser, its agent or consignee regardless of whether or not Purchaser has made full payment for the Items. Seller will mail Bills of Lading and Shipping Notices directly to the F.O.B. destination on the day of shipment unless they are accepted Purchaser requests otherwise. Bills of Lading shall indicate the relevant Purchase Order number. Purchaser may require adherence to its routing instructions, and any savings resulting from adherence to such instructions shall be for the benefit of Purchaser. Seller, or the carrier it uses to deliver Items, whichever is applicable, shall: (a) maintain a “satisfactory” safety rating from the U.S. Department of Transportation and shall provide Purchaser with written proof of such rating on request if the carrier is a motor carrier, and (b) shall maintain comprehensive general liability, bodily injury and property damage insurance in not less than the amount required by the Customer. The Customer Insurance Section, unless a larger amount is required by any federal, state, or local regulatory agency, in which event such larger amount shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customermaintained.

Delivery. The Service Provider Supplier shall ensure that: the Goods are 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 (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 (the Delivery Note); and if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the Delivery Note. Any such packaging material shall be returned to the Supplier at the Supplier's cost. The Supplier shall deliver the Goods: on the Delivery Date; carriage paid; to the location or locations as is or are set out in the Order, or as instructed by RCUK SSC or the Customer in writing prior to delivery (the Delivery Location); during the Customer's normal business hours on a Working Day, or as instructed by RCUK SSC or the Customer. Delivery of the Goods shall be completed on the completion of unloading the Goods at the time(s) Delivery Location and date(s) specified in accordance with the Order Formprovisions of this clause B2. Unless otherwise stated in the Order Form, where The Supplier will unload the Goods are delivered at its own risk as directed by the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking RCUK SSC or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess will remain at the risk of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund Supplier until delivery to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to unloading) is complete, including that the costs Supplier has obtained sign-off of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted Delivery Note by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies on behalf of the Customer, at which point ownership of the Goods shall transfer to the Customer. If the Supplier delivers to the Customer more than the quantity of Goods ordered, the Customer will not be bound to pay for the excess and any excess will remain at the Supplier's risk and will be returnable to the Supplier at the Supplier's expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts the delivery, a pro rata adjustment shall be made to the invoice for the Goods. The Supplier shall not deliver the Goods in instalments without RCUK SSC or the Customer's prior written consent. Where it is agreed that the Goods are to be delivered in instalments, they may be invoiced and paid for 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 terminate the whole of remedies set out in clause B3. The Supplier shall: obtain, at its risk and expense, any unfulfilled part export and import licences or other authorisations necessary for the export and import of the Contract without further liability Goods and their transit through any country or territory; and deal with all customs formalities necessary for the export, import and transit of the Goods, and will bear the costs of complying with those formalities and all duties, taxes and other charges payable for export, import and transit. Without prejudice to the Customer's statutory rights, the Customer will not be deemed to have accepted any Goods until the Customer has had at least 14 Working Days after delivery to inspect them and the Customer also has the right to reject any Goods as though they had not been accepted for 14 Working Days after any latent defect in the Goods has become apparent. If, in connection with the supply of the Goods, the Customer permits any employees or representatives of the Supplier to have access to any of the Customer's premises, the Supplier will ensure that, whilst on the Customer's premises, the Supplier's employees and representatives comply with: all applicable health and safety, security, environmental and other legislation which may be in force from time to time; and any Customer policy, regulation, code of practice or instruction relating to health and safety, security, the environment or access to and use of any Customer laboratory, facility or equipment which is brought to their attention or given to them whilst they are on Customer premises by any employee or representative of the Customer.

Delivery. The Service Provider Contractor shall deliver the Goods at the time(s) and date(s) specified in the Order FormSpecification. Unless otherwise stated in the Order FormSpecification, where the Goods are delivered by the Service ProviderContractor, the point of delivery shall be where when the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the CustomerClient, the point of delivery shall be where when the Goods are loaded on to the CustomerClient’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service ProviderContractor’s service providers suppliers or carriers at such place as the Customer Client or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer Client shall be under no obligation to accept or pay for any Goods supplied delivered in excess of the quantity ordered. If the Customer Client elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider Contractor to remove them within five (5) working days 5 Working Days and to refund to the Customer Client any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer Client may dispose of such Goods and charge the Service Provider Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider Contractor unless they are accepted by the CustomerClient. The Customer Client shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order FormSpecification. Unless expressly agreed to the contrary, the Customer Client shall not be obliged to accept delivery by instalments. If If, however, the Customer specifies Client does specify or agrees agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the CustomerClient, entitle the Customer Client to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerClient Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified, in the Specification, the Client may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Client.

Delivery. (a) The Service Provider Seller may select any reasonable delivery method and shall deliver not be liable if the Goods at Buyer has not provided instructions as to the time(s) shipment method by the time the Product is available for supply. To the extent that the Agreement allows flexibility regarding the time and date(s) volume of deliveries, the Parties agree to cooperate as much as is possible to coordinate delivery periods and times, and the Buyer shall give reasonable advance written notice as to the quantities and delivery schedules desired, all subject to the amounts specified in the Order FormAgreement. Unless otherwise stated The Buyer shall be solely responsible for any delays resulting from the transportation, delivery, loading, or storage of the Product, and the Seller shall not be liable to the Buyer for damages or late charges resulting from delay in delivery of the Product. (b) The Seller shall have the right to require the execution of a prior access agreement from the Buyer, its transporters, contractors, or agents and, as the case may be, to grant or not to grant the latter access to the plant. The Buyer, its carriers, contractors, and agents agree that they shall abide by the Seller's safety rules and regulations while in the Order FormSeller's plant. (c) The Seller reserves the right to reject transports, where containers, or warehouses presented for the Goods are delivered by loading/unloading/transfer or handling of the Service ProviderProduct, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customerwhich, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the ContractSeller's opinion, delivery shall include could offer any risk or potential risk situation. (d) The Seller reserves the unloadingright to refuse to load/unload, stacking transfer, or installation of operate the Goods by Product in any condition that the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the ContractSeller deems, in either caseits sole discretion, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (unsafe, including but not limited to, conditions caused by drivers, chauffeurs, staff, equipment and/or weather conditions without this causing any damage to the costs delivery time. (e) Should a Product leak or spill occur after its loading onto the carrier designated by the Buyer, the Buyer must make all notifications and reports required by law and must give the Seller written notice of moving said notifications and storing reports of leaks, spills, or any Product loss within two (2) days following their preparation. In addition, the Goods)Buyer will be responsible for, failing which and must immediately clean up, said Product leak or spill in accordance with the Customer applicable Laws. If it fails to comply with this obligation promptly, the Seller may dispose perform the notifications, reports of such Goods leaks or spills, management, and charge cleaning at the Service Provider Buyer's expense. (f) For all Product deliveries covered by this Agreement, the Buyer shall be solely responsible for unloading the Product. (g) the lack of delivery notes, reference, invoices, or "bill of lading" within the Purchase Orders shall not generate any responsibility for the costs of such disposal. Seller. (h) The risk in any over-delivered Goods shall remain with Seller reserves the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation right (if necessary) to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled subcontract part of the Contract work relating to products and/or services it shall supply under the Purchase Order without further liability to the Customerprior written consent of the Buyer.

Delivery. The Service Provider 10.1 Delivery of the Goods shall deliver be deemed to have occurred upon either: - (a) the collections of Goods from ACS at an agreed collection point; or (b) upon the arrival of the Goods at the time(s) and date(s) specified in the Order Form. Unless otherwise stated in the Order Form, where the Job Site. 10.2 Where a delivery of Goods are delivered by the Service Provider, the point of delivery shall cannot be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay effected for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrarywhatever reason, the Customer shall pay to ACS adelivery and return fee calculated in accordance with the then applicable master carrier rates. 10.3 Subject to clause 10.4 below, the Customer must provide ACS with a minimum of 7 business days prior notice of the date by which the Customer requires the Goods to be delivered to it. 10.4 Where the Customer requires that the Goods be delivered to a Job Site, the Customer must provide ACSwith the address for the Job Site at least 5 business days prior to the scheduled delivery. 10.5 ACS is not be obliged bound to accept any delivery date notified by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the Customer. 10.6 The Customer acknowledges that all delivery times provided are estimates only and are not binding on ACS. 10.7 The Customer acknowledges that on occasions, materials for the manufacture/fabrication of Goods may be in short supply and that anticipated delivery dates for the Goods may need to be extended. ACS will notify the Customer if a scheduled delivery date cannot be achieved because of materials shortages. 10.8 If ACS is unable to fulfil a Purchase Order, it shall notify the Customer as soon as reasonably practicable, and this Agreement shall terminate. The Parties agree that termination of this Agreement for inability of ACS to fulfil an Purchase Order shall not give rise to any right to claim any costs, charges or penalties against ACS. 10.9 Unless otherwise agreed to in writing, ACS is not required to deliver any Goods to the Customer unlessthe Customer has paid all monies owing to ACS in full. 10.10 The Customer must ensure that the Job Site can be accessed by vehicle on properly constructed roadway. 10.11 ACS may, in its absolute discretion, unload the Goods at the Job Site or as close to the Job Site asconditions allow. 10.12 Unless otherwise agreed prior to delivery of Goods, all unloading of Goods shall be the responsibility of the Customer and shall be undertaken at the Customer’s cost. 10.13 In the event that the Customer or its agent is not in attendance when the Goods are delivered, ACS reserves the right to unload the Goods and will not be responsible for any claims, damages, expenses orcosts resulting or arising there from. 10.14 Where the Customer requires ACS or its agent to enter onto the Job Site for the purpose ofunloading, ACS shall not be liable for any damage to the Goods thereon.

Delivery. (a) The Service Provider Supplier shall ensure that: i) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; ii) 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 iii) if the Supplier requires the Company to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall be returned to the Supplier at the cost of the Supplier. (b) The Supplier shall deliver the Goods: i) on the date specified in the Order, or, if no such date is specified, within 7 days of the date of the Order (and time for delivery shall be of the essence); ii) to the Company's premises or such other location as is set out in the Order, or as instructed by the Company prior to delivery (Delivery Location); and iii) during the Company's normal business hours, or as instructed by the Company. (c) Delivery of the Goods shall be completed on the completion of unloading the Goods at the time(sDelivery Location, which offloading shall be at the risk of the Supplier as instructed by the Company. (d) If the Supplier: i) delivers less than 90% of the quantity of Goods ordered, the Company may reject the Goods; or ii) delivers more than 105% of the quantity of Goods ordered, the Company may at its discretion reject the Goods or the excess Goods, and date(sany 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 the Company accepts the delivery, a pro rata adjustment shall be made to the invoice for the Goods. (e) specified The Supplier shall not deliver the Goods in instalments without the Order FormCompany's prior written consent. Unless otherwise stated in the Order Form, where Where it is agreed that the Goods are to be delivered by the Service Providerinstalments, the point of delivery shall they may be where the Goods are removed from the transporting vehicle at the Premisesinvoiced and paid for separately. Where the Goods are collected However, failure by the Customer, Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the point of delivery shall be where the Goods are loaded on Company to the Customer’s vehicle. Except where otherwise provided remedies set out in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. clause 0. (f) The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer Company shall not be obliged deemed to accept delivery by instalmentshave accepted the Goods until it has had five Business Days to inspect them following delivery. If The Company shall also have the Customer specifies or agrees right to delivery by instalments, delivery of reject the Goods as though they had not been accepted for five business days after any instalment later than latent defect in the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerGoods has become apparent.

Delivery. (a) The Service Provider shall Supplier must deliver Free into Store (“FIS”) the Goods at and/or Services to the time(snominated delivery address. (b) The Supplier shall be deemed to have delivered the Supply only where it obtains a receipt or signed delivery docket, quoting the Order number, item number and date(sa detailed description of the Goods and/or Services, from an authorised officer of the Buyer. (c) specified All Goods shall be suitably packaged, labeled, stored and transported in compliance with relevant standards and regulations relative to the Goods being supplied. (d) The Buyer will not be deemed to have accepted the Supply until it has had a reasonable time to inspect the Supply, and notified the Supplier in writing of acceptance. (e) Any receipt, review, inspection, examination or witnessing of testing of the Supply by the Buyer does not relieve the Supplier of its responsibilities under this Agreement, and does not constitute acceptance of the Supply. (f) Risk does not pass to the Buyer until the delivery or completion of the Supply, and acceptance of the Supply by the Buyer. If acceptance is not communicated to the Supplier within 30 after completion or delivery, the Supply shall be deemed to have been accepted by the Buyer. (g) Property in the Order Form. Unless otherwise stated in Goods, including packaging, shall pass to the Order Form, where Buyer on delivery of the Goods are delivered to the delivery address or payment by the Service ProviderBuyer, whichever is the point earlier. (h) The quantity delivered shall not be in excess of delivery that ordered, any excess shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are returned collected by the Customer, Supplier from the point of delivery shall be where Buyer's premises at the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled part of the Contract without further liability to the CustomerSuppliers cost.

Delivery. 6.1 The Service Provider Supplier shall deliver Deliver the Goods at to the time(s) Customer on or by the Date of Delivery. Unless otherwise agreed in writing by the Customer, Delivery shall be on the date and date(s) to the address specified in the Order FormPurchase Order. Unless otherwise stated in the Order Form, where Delivery of the Goods are delivered by the Service Provider, the point of delivery shall be where completed once the completion of unloading the Goods are removed from the transporting vehicle at the Premises. Where Delivery address has taken place and the Goods are collected by Customer has signed for the Customer, the point of delivery shall be where the Goods are loaded on Delivery. 6.2 Any access to the Customer’s vehicle. Except where otherwise premises and any labour and equipment that may be provided by the Customer in the Contract, delivery shall include the unloading, stacking or installation connection with Delivery of the Goods shall be provided without acceptance by the Staff 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 Service Provider’s service providers negligence or carriers at such place as other wrongful act of the Customer or other duly authorised person shall reasonably directits servant or agent. The Service Provider Supplier shall use its best endeavours to deliver indemnify the Goods within the time specified Customer in the Order Formrespect of any actions, failing suits, claims, demands, losses, charges, costs and expenses, which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case, without prejudice to any other rights and remedies of the Customer. The Customer shall be under no obligation to accept suffer or pay for any Goods supplied in excess of the quantity ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it incur as a result of such over-delivery or in connection with any damage or injury (including but not limited whether fatal or otherwise) occurring in the course of Delivery or installation to the costs extent that any such damage or injury is attributable to any act or omission of moving the Supplier or any of his sub- Suppliers. 6.3 Delivery of the Goods shall be accompanied by a delivery note which shows the Purchase Order Number and storing the Goods)type and quantity of the Goods and, failing which in the case of part Delivery, the outstanding balance remaining to be Delivered. 6.4 Unless otherwise stipulated by the Customer may dispose of such Goods and charge in the Service Provider for the costs of such disposal. The risk in any over-delivered Goods Purchase Order, Deliveries shall remain with the Service Provider unless they are only be accepted by the Customer. The Customer shall be under no obligation on Working Days and during normal business hours. 6.5 Where (i) the Supplier fails to accept Deliver the Goods or pay for part of the Goods or (ii) the Goods or part of the Goods do not comply with the provisions of clause 3, then without limiting any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contraryof its other rights or remedies implied by statute or common law, the Customer shall not be obliged to accept delivery by instalments. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Customer, entitle the Customer entitled: 6.5.1 to terminate the Agreement; 6.5.2 request the Supplier, free of charge, to deliver substitute Goods within the timescales specified by the Customer; 6.5.3 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); 6.5.4 to reject the Goods (in whole of any unfulfilled or part) and return them to the Supplier at the Supplier’s own risk and expense and the Customer shall be entitled to a full refund on those Goods or part of Goods duly returned; 6.5.5 to buy the Contract without further liability same or similar Goods from another supplier and to recover any expenses incurred in respect of buying the Customergoods from another supplier which shall include but not be limited to administration costs, chargeable staff time and extra delivery costs.

Delivery. The Service Provider 9.1 Shipping and delivery arrangements shall deliver be as defined by the Goods at the time(s) and date(s) specified latest version of INCOTERMS in the Order FormPurchase Orders. Unless otherwise stated stipulated in the Order FormPurchase Orders or specifically requested by the Purchaser in writing, where deliveries shall only be accepted by the Purchaser during normal business hours. Unloading shall only take place under the direction and in the presence of the Purchaser, its servants and/or agents. 9.2 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, inter alia, the order number, date of order, number of packages and contents thereof and, in the case of part delivery, the outstanding balance remaining to be delivered. 9.3 Time for delivery shall be of the essence. Without prejudice to any remedy listed in Condition 6, if the Goods are not delivered by on the Service Provider, the point of delivery shall be where the Goods are removed from the transporting vehicle at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be where the Goods are loaded on to the Customer’s vehicle. Except where otherwise provided in the Contract, delivery shall include the unloading, stacking or installation of the Goods by the Staff or the Service Provider’s service providers or carriers at such place as the Customer or other duly authorised person shall reasonably direct. The Service Provider shall use its best endeavours to deliver the Goods within the time specified in the Order Form, failing which the Customer may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either casedue date then, without prejudice to any other rights which it may have, the Purchaser reserves the right to: (a) rescind and/ or otherwise repudiate the Contract in whole or in part; (b) refuse to accept and remedies to pay for the Goods, as well as any subsequent delivery of the Customer. The Customer shall be under no obligation Goods; (c) recover from the Seller any expenditure reasonably incurred by the Purchaser in obtaining the Goods or similar Goods in substitution from another supplier; and (d) claim damages for any additional costs, loss or expenses incurred by the Purchaser which are attributable to the Sellers’ failure to deliver the Goods on the due date, with a minimum claim of 3% of the value of the Purchase Order per week of delay. 9.4 Where the Purchaser agrees in writing to accept delivery by instalments the Contract shall construed as a single contract in respect of each instalment. Nevertheless the delay or pay for failure by the Seller in delivering any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated. 9.5 If the Goods supplied are delivered to the Purchaser in excess of the quantity quantities ordered. If the Customer elects not to accept such over-delivered Goods it shall give notice in writing to the Service Provider to remove them within five (5) working days and to refund to the Customer any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Customer may dispose of such Goods and charge the Service Provider for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Service Provider unless they are accepted by the Customer. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Order Form. Unless expressly agreed to the contrary, the Customer Purchaser shall not be obliged bound to accept pay for the excess and any excess shall be and shall remain at the Seller’s risk and shall be returnable at the Seller’s expense. 9.6 The Purchaser shall not be deemed to have accepted the Goods until it has had 7 days following delivery by instalmentsto inspect them. If the Customer specifies or agrees to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice In addition to any other rights or remedies of remedy available, the Customer, entitle Purchaser shall have the Customer right to terminate ask for the whole return and replacement of any unfulfilled part defective Goods after inspection or within a reasonable time after it becomes aware of the Contract without further liability to the Customera latent defect.