Common use of Execution of services Clause in Contracts

Execution of services. 5.1. The execution of services must be effected in the manner and at the time as set out in the Agreement. 5.2. Exceeding the time set for the provision of services by the Seller results in the Seller being in default. Moreover, in case of total or partial failure or delay in the completion at the due date, the Buyer reserves the right to cancel all or part of the order under the Agreement and to place automatically such cancelled part of the order with another contractor at Seller’s expense and risks and without any summons being necessary therefore. 5.3. The provision of services is completed when the Buyer has confirmed in writing that the services provided have been performed or that the services provided have been approved. Any confirmation of completion of provided services by the Buyer shall not constitute a waiver of any right by the Buyer. 5.4. The Seller may only instruct sub-contractors to carry out services with prior written consent from the Buyer. The Seller is obliged to impose on any subcontractor all obligations with regards to the tasks assumed and must ensure such compliance with them as it itself assumed in relation to the Buyer. The Seller is responsible for actions of its sub- contractors like for its own. 5.5. The Seller is not entitled to suspend the execution of services if the Buyer should fail to meet one or more of its obligations. 5.6. The Buyer is never bound by any period set by the Seller in which the Buyer should inform the Seller that the provided services have been rejected or after which the Buyer can no longer lodge a complaint. 5.7. The Seller, its agents and personnel are required to abide by the Buyer’s safety regulations, confidentiality obligations and rules of conduct while on Buyer’s property, in addition to all rules and regulations imposed by law. 5.8. The Seller is obliged to maintain a quality control system such as that pursuant to at least EN ISO 9000 et seq. and/or ISO 14001. 5.9. In order to verify proper execution of the Agreement by the Seller, including fulfilling the quality standards by the Seller, the Buyer is authorised to check the Seller's system by way of quality audits (“Audit”) that may be conducted every 4 months. In case of justifiable suspicion of infringement of the Seller’s obligations under the Agreement, the limitation stipulated in the previous sentence does not apply. 5.10. Audits shall by carried out by the Buyer or independent auditor chosen by the Buyer (“Auditor”). 5.11. Xxxxx will inform the Seller about the planned date of Audit, with 7 days prior e-mail notice. 5.12. The Seller is hereby obliged to provide the Auditor with all necessary documentation connected to performance of the Agreement and access to premises used for that purpose. 5.13. The Buyer shall bear the costs of the Audits provided that the Audit does not reveal any infringements or if the revealed breach is not material, that is it neither results in lowering quality of the service/goods provided, manner of thereof, nor causes any danger to whomever. Otherwise the cost of the Audit shall be covered by the Seller. If the Audit reveals any infringement the Buyer may call the Seller to change/improve the system within additional time period set by the Buyer. Upon the ineffective lapse of such time period, the Buyer may withdraw from the Agreement. 5.14. For the Seller’s improper performance of the obligations stipulated in the section 5 of the present General Purchase Conditions, that is in particular for not allowing the Auditor to properly carry on the Audit, for impeding the Audit or for refusal to change/improve the systems of Seller according to section 5.13. above, the Seller shall pay the Buyer a contractual penalty amounting to 0.1 % of the net value of any Agreements in force and/or performed within the last 3 months for each day of delay. The assertion of additional damage claims beyond the contractual penalty stipulated above is not excluded.

Execution of services. 5.1. The execution of services must be effected in the manner and at the time as set out in the Agreementagreement. 5.2. Exceeding the time set for initiating or completing the provision performance of services by the Seller results in the Seller being in default. Moreover, in case of total or partial failure or delay in the completion at the due date, the Buyer reserves the right to (i) cancel all or part of the order Purchase Order under the agreement i.e. to withdraw from the Agreement and in whole or in part, or, respectively, to terminate the Agreement without observing a period of notice in whole or in in part, and, moreover (ii) to place automatically such cancelled part of the order Purchase Order with another contractor at Seller’s expense and risks and without any summons being necessary therefore. 5.3. The provision of services is completed when the Buyer has confirmed in writing that the services provided have been performed or that the services provided have been and approved. Any confirmation of completion of provided services by the Buyer shall not constitute a waiver of any right by the Buyer. 5.4. The Seller may only instruct sub-contractors to carry out services with prior written consent from , in particular under the Buyer. The Seller is obliged to impose on any subcontractor all obligations with regards to the tasks assumed and must ensure such compliance with them as it itself assumed in relation to the Buyerstatutory warranty or guarantee. The Seller is responsible for all of the actions or omissions of its sub- sub-contractors and all of the persons whom Seller uses in the execution of the Agreement like for its ownown actions or omissions. 5.55.4. The Seller is not entitled to suspend the execution of services if the Buyer should fail to meet one or more of its obligations. 5.65.5. The Buyer is never bound by any period set by the Seller in which the Buyer should inform the Seller that the provided services have been rejected or after which the Buyer can no longer lodge a complaint. 5.75.6. The Seller, its agents and personnel are required to abide by the Buyer’s safety regulations, confidentiality obligations and rules of conduct while on Buyer’s property, in addition property and to all rules and regulations imposed by law. 5.85.7. The In providing services, the Seller is obliged to maintain a quality control system such as that pursuant to at least EN ISO 9000 et seq. and/or ISO 14001comply with environmental law, in particular with current regulations on packaging and packaging waste management and waste management regulations. 5.95.8. In order If any waste in terms of environmental law is generated in the performance of the Seller’s services, the Seller must recycle or remove such waste in accordance with the provisions of environmental law at its own expense and risk, unless otherwise agreed in writing. To the fullest extent permitted by applicable laws and regulations, all environmental law obligations related to verify proper the execution of the Agreement shall be performed by the Seller, including fulfilling the quality standards by the Seller, Seller only and the Buyer is authorised to check the Seller's system by way of quality audits (“Audit”) that may be conducted every 4 months. In case of justifiable suspicion of infringement of the Seller’s obligations under the Agreement, the limitation stipulated in the previous sentence does not apply. 5.10. Audits shall by carried out by the Buyer or independent auditor chosen by the Buyer (“Auditor”). 5.11. Xxxxx will inform the Seller about the planned date of Audit, with 7 days prior e-mail notice. 5.12. The Seller is hereby obliged to provide the Auditor with all necessary documentation connected to performance of the Agreement and access to premises used for that purpose. 5.13. The Buyer shall bear the costs of the Audits provided that the Audit does not reveal any infringements or if the revealed breach is not material, that is it neither results in lowering quality of the service/goods provided, manner of thereof, nor causes any danger to whomever. Otherwise the cost of the Audit shall be covered by the Seller. If the Audit reveals any infringement the Buyer may call the Seller to change/improve the system within additional time period set by the Buyer. Upon the ineffective lapse of such time period, the Buyer may withdraw from the Agreement. 5.14. For the Seller’s improper performance of the obligations stipulated in the section 5 of the present General Purchase Conditions, that is in particular for not allowing the Auditor to properly carry on the Audit, for impeding the Audit or for refusal to change/improve the systems of Seller according to section 5.13. above, the Seller shall pay the Buyer a contractual penalty amounting to 0.1 % of the net value relieved of any Agreements in force and/or performed within the last 3 months for each day of delay. The assertion of additional damage claims beyond the contractual penalty stipulated above is not excludedliability arising therefrom.