Common use of TERMINATION OF ORDER Clause in Contracts

TERMINATION OF ORDER. 12.2.1. VT ES reserves the right to terminate the Order at any time either wholly or partly by a written notice to the Supplier, with a 30-day notice period, without a reason or defect arising on the Supplier’ side (termination for convenience). In addition: (a) in the case of a breach of any of the Supplier’s obligations undertaken in these General Terms and Conditions of Purchase and the Order, if it fails to remedy such breach of contract within the reasonable deadline provided by VT ES; and (b) if a deadline is missed, without setting a grace period, based on VT ES’ own discretion; and (c) if any of the events mentioned in clause 13 occurs, also without setting a deadline/grace period VT ES shall have the right to immediate termination without liability. 12.2.2. In the case of termination, the Supplier shall immediately – or after the notice period passes – end all performance to which it is subject based on the Order, it shall notify its suppliers or subcontractors to end their performance and request instructions in respect of fulfillment of Orders that are pending. 12.2.3. In the event of termination for convenience VT ES shall be required to pay to Supplier: (a) the part of the purchase price stipulated in the Order that is in accordance with the requirements of the Order, has been delivered/performed to or for VT ES and which is exclusively in respect of finished Products and fully performed Services, (b) in respect of finished Products that are in accordance with the requirements of the Order, but have not been delivered yet to VT ES, the difference between the purchase price stipulated in the Order and the lower sales price for which Supplier sold such Products to a third party. (c) The Supplier’s actual, direct and certified expenses that arose prior to the termination in respect of any unfinished Product/Service. Where the subject of the Order is a unique Product, unless otherwise agreed in writing, the Supplier is not entitled to purchase raw materials or otherwise commit itself in a quantity larger than required for performance of the Order and/or earlier than required. The Supplier’s exposure from this shall be at its own liability and expense. 12.2.4. Exercise of the right to termination defined in this clause 12.2 shall in no event have as a consequence that the obligations of VT ES arising from the Order exceed those that VT ES would have been subject to vis-a-vis the Supplier in the absence of the termination. 12.2.5. In the case of termination for a reason included in this clause 12.2, the Supplier shall return to VT ES all of VT ES’ property with immediate effect, free of charge, without any separate notice and request, in accordance with the provisions of clause 9.4.

TERMINATION OF ORDER. 12.2.1. VT ES VTBT reserves the right to terminate the Order at any time either wholly or partly by a written notice to the Supplier, with a 30-day notice period, without a reason or defect arising on the Supplier’ side (termination for convenience). In additionaddition to the above: (a) in the case of a breach of any of the Supplier’s obligations undertaken in these General Terms and Conditions of Purchase and the Order, if it fails to remedy such breach of contract within the reasonable deadline provided by VT ESVTBT; andor (b) if a deadline is missed, without setting a grace period, based on VT ESVTBT’ own discretion; andor (c) if any of the events mentioned in clause 13 occurs, also without setting a deadline/grace period VT ES VTBT shall have the right to immediate termination without liability. 12.2.2. In the case of termination, the Supplier shall immediately – or after the notice period passes – end all performance to which it is subject based on the Order, it shall notify call for its suppliers or subcontractors to end their performance and request instructions in respect of fulfillment of Orders that are pending. 12.2.3. In the event of termination for convenience VT ES VTBT shall be required to pay to Supplier: (a) the part of the purchase price stipulated in the Order that is in accordance with the requirements of the Order, has been delivered/performed to or for VT ES VTBT and which is exclusively in respect of finished Products and fully performed Services, (b) in respect of finished Products and rendered Services that are in accordance with the requirements of the Order, but have not been delivered delivered/performed yet to VT ESVTBT, the difference between the purchase price stipulated in the Order and the lower sales price for which Supplier sold such Products Products/Services to a third party. (c) The Supplier’s actual, direct and certified expenses proven costs that arose prior to the termination in respect of any unfinished Product/Service. Where the subject of the Order is a unique Product, unless otherwise agreed in writing, the Supplier is not entitled to purchase raw materials or otherwise commit itself in a quantity larger than required for performance of the Order and/or earlier than required. The Supplier’s exposure from this shall be at its own liability and expense. 12.2.4. Exercise of the right to termination defined in this clause 12.2 shall in no event have as a consequence that the obligations of VT ES VTBT arising from the Order exceed those that VT ES VTBT would have been subject to vis-a-vis the Supplier in the absence of the termination. 12.2.5. In the case of termination for a reason included in this clause 12.2, the Supplier shall return to VT ES VTBT all of VT ESVTBT’ property with immediate effect, free of charge, without any separate notice and request, in accordance with the provisions of clause 9.4.