Common use of Term of delivery Clause in Contracts

Term of delivery. The dates of delivery specified on the purchase order shall be binding. The SUPPLIER is obligated to inform the BUYER promptly in writing if circumstances arise or can be foreseen by the SUPPLIER which makes it impossible for the SUPPLIER to comply with the agreed date of delivery. In the event of a delay in delivery, the BUYER shall be entitled to the statutory claims. Specifically, after an adequate period of time granted by the BUYER has expired without results, t h e BUYER shall be entitled to withdraw from the contract or to demand damages instead of the goods or services. Specifically, granting of an additional period will be dispensable if it was obvious that t h e BUYER was only interested in a timely delivery. If the delay in delivery is the result of force majeure (such as natural disasters, war, labor disputes, government intervention, etc.), which are beyond the control of the SUPPLIER, the term of delivery shall be extended accordingly. The SUPPLIER shall inform the BUYER promptly orally or in writing of the beginning and the end of such circumstances and at the same time agree with the BUYER on appropriate countermeasures, such as the fastest possible transportation, and carry them out. The BUYER shall be released in whole or in part from the obligation to accept the ordered goods/services and shall be entitled to withdraw from the contract insofar as, taking into account of the financial interests of the BUYER and due to the delay caused by force majeure, the goods/services can no longer be used by the BUYER . Art. 7 Performance/ place of performance/ passing of risk/ documents The SUPPLIER shall perform the contract in compliance with all the requirements of building, occupational safety and environmental laws as well as all the technical regulations which contain the generally accepted rules of engineering, environmental and safety engi- neering. If the contract is for supplying machines or plants, this shall include all the goods and services needed for a start-up in ac- cordance with the rules and permits. Unless agreed otherwise in writing, the delivery shall be duty paid (Incoterms 2010). Unless agreed otherwise in writing, delivery shall be at the address of the BUYER. Place of performance shall be the address of deliv- ery specified by the BUYER. The risk shall pass only with the delivery of the ordered goods at the delivery address specified by the BUYER. In the event that the BUYER indicates in the purchase order an order number, commission number or item number, the SUPPLIER shall be obligated to enter this number on the entire correspondence and on all shipping documents and delivery notes. Special documents required by law, such as safety data sheets, in particular for the delivery of hazardous substances, must accompany the delivery in the currently valid version and without any separate request. The extra processing required by the BUYER because these numbers were entered incorrectly or not at all, or because of erroneous or missing documentation, and the consequences of any delays caused thereby shall be borne by the SUPPLIER.

Term of delivery. The dates Where a term of delivery specified on is agreed upon, said term shall commence at the purchase date of ITC's receipt of a copy of the order shall acknowledgement duly countersigned by the customer, but not prior to the date of presentation of the documents, approvals and clearance certificates to be bindingobtained by the customer and not before the date of ITC's receipt of the down payment agreed upon. The SUPPLIER is obligated to inform the BUYER promptly in writing if circumstances arise or can be foreseen by the SUPPLIER which makes it impossible for the SUPPLIER to comply with the agreed date of delivery. In the event of a delay in delivery, the BUYER shall be entitled to the statutory claims. Specifically, after an adequate period of time granted by the BUYER has expired without results, t h e BUYER shall be entitled to withdraw from the contract or to demand damages instead of the goods or services. Specifically, granting of an additional period will be dispensable if it was obvious that t h e BUYER was only interested in a timely delivery. If the delay in delivery is the result of force majeure (such as natural disasters, war, labor disputes, government intervention, etc.), which are beyond the control of the SUPPLIER, the term of delivery shall be extended accordinglydeemed to be met with ITC having offered the delivery item(s) to the customer for acceptance by the expiry date of said term. Any deficiency claims filed by the customer or any acceptance made at a later date shall not be deemed to affect the term of delivery. Any changes made at a later date with respect to the volume of delivery or the technical design(s) of the delivery item(s) shall be considered to change the term of delivery such that it commences anew as soon as ITC is in receipt of a copy of its written confirmation on any such alteration of the agreement, said copy being duly countersigned by the customer, it being understood that the foregoing shall not apply upon ITC's confirmation in writing that the change of the delivery item(s) shall be without any effect on the term of delivery. The SUPPLIER term of delivery shall, furthermore and for a reasonable period of time, be extended in the event of industrial actions, particularly in case of strike and lock-out, as well as in the event of any unforeseen incidents or occurrences made to prove the defy in manufacture or supply of the delivery item(s). This shall also apply if and to the extent ITC's sub-contractors are affected by any such event. ITC shall, furthermore, not assume responsibility for any such aforementioned events if occurring during an already prevailing delay and ITC undertakes to inform the BUYER promptly orally or in writing customer immediately of any such impediments. If the beginning and customer suffers any damages due to a delay caused by the end negligence of such circumstances and at ITC, the same time agree with customer shall, to the BUYER on appropriate countermeasuresexclusion of further claims, such as the fastest possible transportation, and carry them out. The BUYER shall be released in whole or in part from the obligation to accept the ordered goods/services and shall be entitled to withdraw claim compensation for loss occasioned by delay, said compensation equaling 0.5 per cent per any full week of delay and maximum a total of 5 per cent of the value of the delivery item(s), it being understood that said compensation shall be appropriated to a penalty to be agreed upon between ITC and the customer in the event of ITC's exceeding the term of delivery, if at all. If shipment is delayed at the request of the customer or for any reasons whatever at customer's responsibility, the customer shall be charged the provable costs incurred for storage of the item(s) or, where the item(s) is (are) stored at works of ITC's sub-contractor, at least 0.5 per cent of the amount invoiced for each month of storing of the delivery item(s) starting one month from the contract insofar asdate of ITC's giving notice that the item(s) is (are) ready for shipment. ITC, taking into account however, reserves the right to otherwise dispose of the financial interests delivery item(s) upon the fruitless lapse of the BUYER a reasonable deadline set by ITC and due to effect supplies to the delay caused by force majeurecustomer within a reasonably extended term. Prerequisite for ITC's meeting the term of delivery, in any event, is the goods/services can no longer be used by the BUYER . Art. 7 Performance/ place of performance/ passing of risk/ documents The SUPPLIER shall perform the contract in customer's compliance with all the requirements of building, occupational safety and environmental laws as well as all the technical regulations which contain the generally accepted rules of engineering, environmental and safety engi- neering. If the contract is for supplying machines or plants, this shall include all the goods and services needed for a start-up in ac- cordance with the rules and permits. Unless agreed otherwise in writing, the delivery shall be duty paid (Incoterms 2010). Unless agreed otherwise in writing, delivery shall be at the address of the BUYER. Place of performance shall be the address of deliv- ery specified by the BUYER. The risk shall pass only with the delivery of the ordered goods at the delivery address specified by the BUYER. In the event that the BUYER indicates in the purchase order an order number, commission number or item number, the SUPPLIER shall be obligated to enter this number on the entire correspondence and on all shipping documents and delivery notes. Special documents required by law, such as safety data sheets, in particular for the delivery of hazardous substances, must accompany the delivery in the currently valid version and without any separate request. The extra processing required by the BUYER because these numbers were entered incorrectly or not at all, or because of erroneous or missing documentation, and the consequences of any delays caused thereby shall be borne by the SUPPLIERits contractual obligations.

Term of delivery. The dates of delivery specified on the purchase order shall be binding. The SUPPLIER is obligated to inform the BUYER promptly in writing if circumstances arise or can be foreseen by the SUPPLIER which makes it impossible for the SUPPLIER to comply with the agreed date of delivery. In the event of a delay in delivery, the BUYER shall be entitled to the statutory claims. Specifically, after an adequate period of time granted by the BUYER has expired without results, t h e the BUYER shall be entitled to withdraw from the contract or to demand damages instead of the goods or services. Specifically, granting of an additional period will be dispensable if it was obvious that t h e the BUYER was only interested in a timely delivery. If the delay in delivery is the result of force majeure (such as natural disasters, war, labor disputes, government intervention, etc.), which are beyond the control of the SUPPLIER, the term of delivery shall be extended accordingly. The SUPPLIER shall inform the BUYER promptly orally or in writing of the beginning and the end of such circumstances and at the same time agree with the BUYER on appropriate countermeasures, such as the fastest possible transportation, and carry them out. The BUYER shall be released in whole or in part from the obligation to accept the ordered goods/services and shall be entitled to withdraw from the contract insofar as, taking into account of the financial interests of the BUYER and due to the delay caused by force majeure, the goods/services can no longer be used by the BUYER BUYER. Art. 7 Performance/ place of performance/ passing of risk/ documents The SUPPLIER shall perform the contract in compliance with all the requirements of building, occupational safety and environmental laws as well as all the technical regulations which contain the generally accepted rules of engineering, environmental and safety engi- neeringengineering. If the contract is for supplying machines or plants, this shall include all the goods and services needed for a start-up in ac- cordance accordance with the rules and permits. Unless agreed otherwise in writing, the delivery shall be duty paid (Incoterms 20102020). Unless agreed otherwise in writing, delivery shall be at the address of specified by the BUYERBUYER (in general the BUYER´s delivery hub in Germany). Place of performance shall be the address of deliv- ery delivery specified by the BUYERBUYER (in general the BUYER´s delivery hub in Germany). The risk shall pass only with the delivery of the ordered goods at the delivery address specified by the BUYER. In the event that the BUYER indicates in the purchase order an order number, commission number or item number, the SUPPLIER shall be obligated to enter this number on the entire correspondence and on all shipping documents and delivery notes. Special documents required by law, such as safety data sheets, in particular for the delivery of hazardous substances, must accompany the delivery in the currently valid version and without any separate request. The extra processing required by the BUYER because these numbers were entered incorrectly or not at all, or because of erroneous or missing documentation, and the consequences of any delays caused thereby shall be borne by the SUPPLIER.