Common use of Shipping & Delivery Clause in Contracts

Shipping & Delivery. (1) The goods always travel uninsured and in any case at the customer's risk. This also applies to carriage paid delivery and irrespective of the means of transportation used. Transport insurance shall only be taken out at the express request of the customer. Any costs arising from this shall be borne by the customer. (2) We shall be entitled to determine the place of dispatch, the type of dispatch (in particular the transport company and means as well as the dispatch route) and the packaging (type and material) at our dutiful discretion. Agreements deviating from this must be made in writing. (3) If the customer provides the means of transportation, he shall be responsible for punctual provision. Any delays must be notified to us in good time. Any resulting costs shall be borne by the customer. (4) We are entitled to make reasonable partial deliveries. (5) Our delivery obligation is always subject to timely and proper delivery by our own suppliers. (6) Delivery and unloading times/dates (delivery periods) promised by us are always non-binding. This shall not apply if a fixed delivery period has been promised or agreed in writing. Promised or agreed delivery periods are calculated from order confirmation, in the case of delivery against advance payment from receipt of payment. (7) Insofar as a fixed delivery period has been promised or agreed, we shall not be liable for impediments to delivery due to force majeure or other events unforeseeable at the time of conclusion of the contract for which we are not responsible (e.g. operational disruptions of any kind, fire, natural disasters, weather, floods, war, insurrection, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, delays in the granting of any necessary official permits, official/sovereign measures, subsequent loss of export or import opportunities). Such an event shall also be the failure of our own suppliers to deliver on time or properly within the meaning of paragraph 5, provided that we are not responsible for this and the transaction with the upstream supplier is a congruent hedging transaction. If one of the aforementioned events occurs, the delivery period shall be automatically extended by the duration of the event plus a reasonable start-up period. If an obstacle to delivery for which we are not responsible lasts longer than four weeks, we shall be entitled to withdraw from the contract. We shall immediately reimburse any payments already made by the customer. The customer shall have no further claims, in particular for damages. (8) If an agreed delivery period or unloading time is exceeded without there being an obstacle to delivery in accordance with paragraph 7 above, the customer must grant us a reasonable grace period of at least four weeks. If we also culpably fail to meet this deadline, the customer shall be entitled to withdraw from the contract. In addition, we shall only be liable to the customer in accordance with § 12. (9) In the case of deliveries to EU member states ("intra-Community deliveries of goods"), the customer must immediately cooperate in a suitable manner in providing evidence of the intra- Community delivery of goods. In particular, we are entitled to a dated and signed confirmation of the intra-Community delivery of goods with at least the following content: name and address of the recipient of the goods, quantity and commercial description of the goods as well as place and date of receipt of the goods. If the customer culpably fails to comply with this obligation to cooperate, he shall be liable for the resulting damage, in particular for the VAT incurred by us.

Shipping & Delivery. (1) The goods 4.1 DONIT offers various types of Product packaging which are charged according to the valid pricelist “Transport Packaging for Gasket Sheets”. 4.2 Unless otherwise expressly agreed, shipment shall always travel uninsured and in any case be carried out at the customer's Customer’s risk. This also applies risk is passed onto the Customer as soon as the Goods are handed over to carriage paid delivery and irrespective the person executing the shipment on behalf of the means Customer. 4.3 If a shipment is delayed for reasons attributable to the Customer, any risk of transportation usedGoods’ accidental deterioration, loss and/or destruction shall pass onto the Customer upon DONIT notification the shipment readiness. Transport insurance shall only be taken out at Storage costs after passing on the express request of the customer. Any costs arising from this risk shall be borne by the customerCustomer. (2) We 4.4 If the Customer fails to collect the Goods, have them collected or does not take acceptance of the Goods as agreed, DONIT shall be entitled to claim refund of any expenditure associated therewith and the risk of accidental deterioration, loss and/or destruction shall pass onto the Customer. 4.5 Shipments may be subject to import fees and taxes which are due on arrival (see also Clauses 5 & 9). It is impossible for DONIT to determine these extra charges as they are country- or state-dependent. For detailed related information please contact the place local customs office. 4.6 Unless otherwise expressly agreed, DONIT shall deliver Products EX WORKS (EXW) (Incoterms most recent Version) of dispatchDONIT company using these Terms and Conditions. 4.7 Unless otherwise expressly agreed, the type of dispatch (in particular the transport company and means as well as the dispatch route) and the packaging (type and material) at our dutiful discretion. Agreements deviating from this must be made in writing. (3) If the customer provides the means of transportation, he shall be responsible for punctual provision. Any delays must be notified to us in good time. Any resulting costs shall be borne by the customer. typical delivery time is four (4) We are entitled to make reasonable partial deliveriesworking weeks for standard gasket sheet & gasket Products, and eight (8) working weeks for non- standard gasket sheet & gasket Products. The exact delivery time shall be defined in the Order Confirmation. (5) Our delivery obligation is always subject to timely and proper delivery by our own suppliers. (6) 4.8 Delivery and unloading times/dates (delivery periods) promised by us are always non-binding. This periods shall not apply be binding only if a fixed delivery period has been promised or expressly agreed in writing. Promised or agreed Delivery periods shall begin on the date of DONIT's written Order Confirmation, however under no circumstances prior to settling by the Customer of all the details related to the Order. Upon DONIT timely notification that the Goods are placed at the disposal of the Customer, delivery periods shall be deemed to be met despite if the Goods cannot be dispatched in time through no fault of DONIT. 4.9 Regarding delivery periods and dates which are calculated from order confirmation, not expressly stipulated in the case of delivery against advance payment from receipt of payment. (7) Insofar as a fixed delivery period has been promised or agreedOrder Confirmation, we shall not be liable for impediments to delivery due to force majeure or other events unforeseeable at the time of conclusion Customer may – following two weeks of the contract for which we are not responsible (e.g. operational disruptions expiry of any kind, fire, natural disasters, weather, floods, war, insurrection, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, delays in the granting of any necessary official permits, official/sovereign measures, subsequent loss of export or import opportunities). Such an event shall also be the failure of our own suppliers to deliver on time or properly within the meaning of paragraph 5, provided that we are not responsible for this and the transaction with the upstream supplier is a congruent hedging transaction. If one of the aforementioned events occurs, the delivery period shall or date – set an adequate grace period for delivery. DONIT may only be automatically extended by deemed to be in default following the duration expiry of the event plus such a reasonable start-up grace period. 4.10 DONIT may proceed to partial deliveries and services if such actions would not unreasonably affect the Customer. If an obstacle to delivery for which we are not responsible lasts longer than four weeks, we DONIT shall be entitled to withdraw from the contract. We shall immediately reimburse any payments already made by the customer. The customer shall have no further claims, in particular for damages. (8) If an agreed delivery period or unloading time is exceeded without there being an obstacle to delivery in accordance with paragraph 7 above, the customer must grant us a reasonable grace period of at least four weeks. If we also culpably fail to meet this deadline, the customer shall be entitled to withdraw from the contract. In addition, we shall only be liable to the customer in accordance with § 12. (9) In the case of deliveries to EU member states ("intra-Community deliveries of goods"), the customer must immediately cooperate in a suitable manner in providing evidence of the intra- Community delivery of goods. In particular, we are entitled to a dated and signed confirmation of the intra-Community delivery of goods with at least the following content: name and address of the recipient of the goods, quantity and commercial description of the goods as well as place and date of receipt of the goods. If the customer culpably fails to comply with this obligation to cooperate, he shall be liable partial invoicing for the resulting damage, in particular for the VAT incurred by uspartially fulfilled agreement.

Shipping & Delivery. (1) The goods 4.1 DONIT offers various types of Product packaging which are charged according to the valid pricelist “Transport Packaging for Gasket Sheets”. 4.2 Unless otherwise expressly agreed, shipment shall always travel uninsured and in any case be carried out at the customer's Customer’s risk. This also applies risk is passed onto the Customer as soon as the Goods are handed over to carriage paid delivery and irrespective the person executing the shipment on behalf of the means Customer. 4.3 If a shipment is delayed for reasons attributable to the Customer, any risk of transportation usedGoods’ accidental deterioration, loss and/or destruction shall pass onto the Customer upon DONIT notification the shipment readiness. Transport insurance shall only be taken out at Storage costs after passing on the express request of the customer. Any costs arising from this risk shall be borne by the customerCustomer. (2) We 4.4 If the Customer fails to collect the Goods, have them collected or does not take acceptance of the Goods as agreed, DONIT shall be entitled to claim refund of any expenditure associated therewith and the risk of accidental deterioration, loss and/or destruction shall pass onto the Customer. 4.5 Shipments may be subject to import fees and taxes which are due on arrival (see also Clauses 5 & 9). It is impossible for DONIT to determine these extra charges as they are country- or state-dependent. For detailed related information please contact the place local customs office. 4.6 Unless otherwise expressly agreed, DONIT shall deliver Products EX WORKS (EXW) (Incoterms most recent Version) of dispatchDONIT company using these Terms and Conditions. 4.7 Unless otherwise expressly agreed, the type of dispatch (in particular the transport company and means as well as the dispatch route) and the packaging (type and material) at our dutiful discretion. Agreements deviating from this must be made in writing. (3) If the customer provides the means of transportation, he shall be responsible for punctual provision. Any delays must be notified to us in good time. Any resulting costs shall be borne by the customer. typical delivery time is four (4) We are entitled to make reasonable partial deliveriesworking weeks for standard gasket sheet & gasket Products, and eight (8) working weeks for non-standard gasket sheet & gasket Products. The exact delivery time shall be defined in the Order Confirmation. (5) Our delivery obligation is always subject to timely and proper delivery by our own suppliers. (6) 4.8 Delivery and unloading times/dates (delivery periods) promised by us are always non-binding. This periods shall not apply be binding only if a fixed delivery period has been promised or expressly agreed in writing. Promised or agreed Delivery periods shall begin on the date of DONIT's written Order Confirmation, however under no circumstances prior to settling by the Customer of all the details related to the Order. Upon DONIT timely notification that the Goods are placed at the disposal of the Customer, delivery periods shall be deemed to be met despite if the Goods cannot be dispatched in time through no fault of DONIT. 4.9 Regarding delivery periods and dates which are calculated from order confirmation, not expressly stipulated in the case of delivery against advance payment from receipt of payment. (7) Insofar as a fixed delivery period has been promised or agreedOrder Confirmation, we shall not be liable for impediments to delivery due to force majeure or other events unforeseeable at the time of conclusion Customer may – following two weeks of the contract for which we are not responsible (e.g. operational disruptions expiry of any kind, fire, natural disasters, weather, floods, war, insurrection, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, delays in the granting of any necessary official permits, official/sovereign measures, subsequent loss of export or import opportunities). Such an event shall also be the failure of our own suppliers to deliver on time or properly within the meaning of paragraph 5, provided that we are not responsible for this and the transaction with the upstream supplier is a congruent hedging transaction. If one of the aforementioned events occurs, the delivery period shall or date – set an adequate grace period for delivery. DONIT may only be automatically extended by deemed to be in default following the duration expiry of the event plus such a reasonable start-up grace period. 4.10 DONIT may proceed to partial deliveries and services if such actions would not unreasonably affect the Customer. If an obstacle to delivery for which we are not responsible lasts longer than four weeks, we DONIT shall be entitled to withdraw from the contract. We shall immediately reimburse any payments already made by the customer. The customer shall have no further claims, in particular for damages. (8) If an agreed delivery period or unloading time is exceeded without there being an obstacle to delivery in accordance with paragraph 7 above, the customer must grant us a reasonable grace period of at least four weeks. If we also culpably fail to meet this deadline, the customer shall be entitled to withdraw from the contract. In addition, we shall only be liable to the customer in accordance with § 12. (9) In the case of deliveries to EU member states ("intra-Community deliveries of goods"), the customer must immediately cooperate in a suitable manner in providing evidence of the intra- Community delivery of goods. In particular, we are entitled to a dated and signed confirmation of the intra-Community delivery of goods with at least the following content: name and address of the recipient of the goods, quantity and commercial description of the goods as well as place and date of receipt of the goods. If the customer culpably fails to comply with this obligation to cooperate, he shall be liable partial invoicing for the resulting damage, in particular for the VAT incurred by uspartially fulfilled agreement.