Common use of Terms of Delivery Clause in Contracts

Terms of Delivery. Insofar as conditions have not been specified to the contrary, the indicated dates and deadlines of delivery are reference values that are generally subject to confirmation and in no way entitle the customer to any compensation for delay in the performance of supplies and services, irrespective of legal grounds. However, the customer is entitled, after fruitless expiry of a reasonable grace period, to withdraw from the contract following prolonged delays attributed to voestalpine. This shall only apply where de- layed goods have not already entered the production stage. Where voestalpine has explicitly confirmed a designated delivery date and deadline, the customer shall not be entitled to withdraw from the contract and claim any incurred damages within the scope of Section 8, General Limitation of Liability, unless the cus- tomer has expressly designated an appropriate grace period that has fruitlessly expired before voestalpine performs the respective supplies and/or services. Industry-customary production lead times shall be taken into account along with the appropriateness of the grace period. In the interest of crucial predictability and otherwise to the exclusion of all liability claims, voestalpine is to be sufficiently and concretely informed at the latest at the time the contract is signed of potential losses and damages arising from delay in delivery. Without prejudice to the afore stipulated provi- sions, delivery dates and deadlines are based on the provisions set forth in the order confirmation. However, in cases of doubt, they do not become effective until all contract-related details have been clarified in their entirety, particularly with respect to the provision of any required domestic or international governmental permits and approvals. In the event that the customer does not meet his obligations, particularly ancillary and cooperation obli- gations, voestalpine shall reserve the right, irrespective of other rights, to adapt delivery dates and deadlines to the respective processing and production schedules and to postpone delivery accordingly within reasonable limits. In the event that no other agreement has been made, compliance with delivery dates and deadlines is based on the date of shipment from the works (pur- suant to Incoterms® (2010) FCA in unclear cases). Delivery dates and deadlines are deemed to be met if the goods are ready for dispatch and cannot be sent on schedule for reasons not at- tributable to voestalpine.

Terms of Delivery. Insofar as conditions have not been specified 5.1 Delivery terms shall be interpreted according to the contrary, the indicated dates and deadlines of delivery are reference values that are generally subject to confirmation and “INCOTERMS” in no way entitle the customer to any compensation for delay in the performance of supplies and services, irrespective of legal grounds. However, the customer is entitled, after fruitless expiry of a reasonable grace period, to withdraw from the contract following prolonged delays attributed to voestalpine. This shall only apply where de- layed goods have not already entered the production stage. Where voestalpine has explicitly confirmed a designated delivery date and deadline, the customer shall not be entitled to withdraw from the contract and claim any incurred damages within the scope of Section 8, General Limitation of Liability, unless the cus- tomer has expressly designated an appropriate grace period that has fruitlessly expired before voestalpine performs the respective supplies and/or services. Industry-customary production lead times shall be taken into account along with the appropriateness of the grace period. In the interest of crucial predictability and otherwise to the exclusion of all liability claims, voestalpine is to be sufficiently and concretely informed at the latest force at the time the contract is signed of potential losses and damages arising from delay in delivery. Without prejudice Unless otherwise expressly agreed, the term of delivery shall be CIF, and the price agreed for the Product shall include packaging. 5.2 This Purchase Order is for the exact quantity stated, and no overrun, over-shipment or other charges will be chargeable to HTM unless approved by HTM in writing prior to shipment. No costs additional to those stated in this Purchase Order shall be chargeable to HTM unless approved by HTM in writing prior to shipment. There shall be no back-order or partial shipments except with the afore stipulated provi- sions, written approval of HTM. Supplier shall notify HTM prior to shipment where Products cannot be delivered in the quantities shown at the times specified in the delivery dates and deadlines are based on schedule. Supplier’s failure to comply with the provisions set out herein and the provisions set out in the Manual may result in HTM’s rejection of the Products and Supplier being responsible for all costs V 29052014 incurred by Supplier as a result of such non- compliance. 5.3 Deliveries shall be carried out in accordance with the routing instructions provided by HTM. Any unauthorized deviations from this routing instruction, which result in excess freight/customs brokerage charges to HTM, will be debited to Supplier’s account. Supplier will preserve, pack, package and handle the Products in accordance with the Manual so as to protect the Products from loss or damage or in accordance with best commercial practices in the absence of any specifications, instructions or requirements from HTM or as set forth in the order confirmationManual. HoweverWithout limiting the foregoing, in cases Supplier shall observe the requirements of doubtany local laws and regulations relating to hazardous work, they do not become effective until all contract-related details have been clarified in their entiretyincluding, particularly without limitation, with respect to its accompanying information, packing, labeling, reporting, export and disposal. 5.4 Time is of the provision essence in respect to delivery of the Products. Where Supplier fails to deliver the Products on or before on or before a date specified by HTM for delivery by Supplier to occur (a “Delivery Required Date”), other than if delivery is delayed due to any required domestic cause beyond Supplier's reasonable control pursuant to Section 15.1, (whereby the Delivery Required Date shall be extended during the continuance of such cause and for a reasonable time thereafter), HTM may cancel this Purchase Order or international governmental permits and approvals. In the event that the customer does not meet his obligations, particularly ancillary and cooperation obli- gations, voestalpine shall reserve the right, irrespective any part of it without prejudice to its other rights, and may return at Supplier’s expense part or all of any shipment of Products received after the Delivery Required Date, unless such late shipment has been approved. Supplier agrees to adapt pay HTM, in full satisfaction of any damages HTM incurs as a result of any Product that is not shipped within one week after the Delivery Required Date, where such delay in delivery dates and deadlines is solely due to the respective processing and production schedules and to postpone delivery accordingly within reasonable limits. In the event that no other agreement has been madefault of Supplier. 5.5 All shipping documents shall show: packing slip number, compliance with delivery dates and deadlines is based on the date of shipment from the works shipment, HTM purchase order number, line number on purchase order, HTM part number and description, quantity, Canada/US HS classification (pur- suant to Incoterms® (2010) FCA in unclear cases10 digits). Delivery dates , and deadlines are deemed to be met if the goods are ready for dispatch and cannot be sent on schedule for reasons not at- tributable to voestalpinecountry of origin.

Terms of Delivery. Insofar as conditions 2.1 The Seller´s obligation to perform delivery is conditional on the Seller bein able to procure the raw materials required for the execution of the order. In the event of such requirement not met, clause 1.4 of the General Terms and Conditions contained herein shall be applicable. 2.2 The indicated delivery date determines the approximate date of dispatch of the goods from the Seller´s premises, provided all requirements for uninterrupted productions have not been specified fullfilled. If performance of delivery is delayed bay reason of interruptions to the contraryproduction sequence or unforseen events or by reason of delays attributable to the Seller´s subcontractors, which, despite every practicable precautions result in the Sellers failure to perform delivery, the indicated dates and deadlines Sellers delivery deadline shall be extended by a reasonable period of time. In the event of delivery are reference values that are generally subject to confirmation and in no way entitle precluded as a result of the customer to any compensation for delay in the performance of supplies and services, irrespective of legal grounds. Howeveraforementioned events, the customer Seller shall be relieved of his obligation to perform delivery. 2.3 The delivery period agreed upon shall commence on the date a written agreement is entitled, after fruitless expiry reached between the Seller and the Purchaser with respect to the order. Compliance with the delivery deadlines is conditional on all documents concerning the order being submitted to the Seller in due time and on the Purchaser making payment when they become due and performing any other necessary obligations under the order. 2.4 In the event of a reasonable grace period, the Sellers failure to withdraw from procure the contract following prolonged delays attributed to voestalpine. This shall only apply where de- layed goods have not already entered raw materials required fot the production stage. Where voestalpine has explicitly confirmed a designated delivery date and deadlineexecution of the order, the customer Seller shall not be entitled to withdraw from the contract and claim any incurred contract. The Purchasers right of recission os governed by §326 BGB (German Civil Code). The Seller shall not be liable to pay damages within the scope of Section 8, General Limitation of Liability, unless the cus- tomer has expressly designated an appropriate grace period that has fruitlessly expired before voestalpine performs the respective supplies and/or services. Industry-customary production lead times shall be taken into account along with the appropriateness Purchaser can substantiate proof of the grace periodSellers intention and gross negligence. 2.5 After a specified deadline for receiving a delivery has expired, the Seller shall no longer be under any obligation to perform delivery. In the interest event of crucial predictability and otherwise to the exclusion reasonable doubts arising after conclusion of all liability claims, voestalpine is to be sufficiently and concretely informed at the latest at the time the contract is signed of potential losses and damages arising from delay in delivery. Without prejudice to the afore stipulated provi- sions, delivery dates and deadlines are based on the provisions set forth in the order confirmation. However, in cases of doubt, they do not become effective until all contract-related details have been clarified in their entirety, particularly with respect to the provision Purchasers creditworthness, the Seller may, at his option, withdraw from the contract, demand advance payment or make delivery conditional on collateral. The Seller shall be entitled to such action particularly if overdue payments are not immediately settled by the Purchaser despite the Purchaser having been delivered a reminder. 2.6 Packaging 2.6.1 Barrels and drums are returned cost-free germany-wide, if they are in a reusable state. The delivery of any required domestic or international governmental permits pallet cages and approvalseuro-palettes take place as exchange. In the event that case of delays the customer does not meet his obligations, particularly ancillary and cooperation obli- gations, voestalpine shall reserve the right, irrespective of other rights, to adapt delivery dates and deadlines occuring costs will be invoiced to the respective processing and production schedules and to postpone delivery accordingly within reasonable limits. In the event that no other agreement has been made, compliance with delivery dates and deadlines is based on the date of shipment from the works (pur- suant to Incoterms® (2010) FCA in unclear cases). Delivery dates and deadlines are deemed to be met if the goods are ready for dispatch and cannot be sent on schedule for reasons not at- tributable to voestalpinePurchaser.

Terms of Delivery. Insofar as conditions have not been specified to the contrary, the indicated dates and deadlines of delivery are reference values that are generally subject to confirmation and in no way entitle the customer to any compensation for delay in the performance of supplies and services, irrespective of legal grounds. However, the customer is entitled, after fruitless expiry of a reasonable grace period, to withdraw from the contract following prolonged delays attributed to voestalpineRegosteel. This shall only apply where de- layed delayed goods have not already entered the production stage. Where voestalpine Regosteel has explicitly confirmed a designated delivery date and deadline, the customer shall not be entitled to withdraw from the contract and claim any incurred damages within the scope of Section 8, General Limitation of Liability, unless the cus- tomer customer has expressly designated an appropriate grace period that has fruitlessly expired before voestalpine Regosteel performs the respective supplies and/or services. Industry-customary production lead times shall be taken into account along with the appropriateness of the grace period. In the interest of crucial predictability and otherwise to the exclusion of all liability claims, voestalpine Regosteel is to be sufficiently and concretely informed at the latest at the time the contract is signed of potential losses and damages arising from delay in delivery. Without prejudice to the afore stipulated provi- sions, delivery dates and deadlines are based on the provisions set forth in the order confirmation. However, in cases of doubt, they do not become effective until all contract-related details have been clarified in their entirety, particularly with respect to the provision of any required domestic or international governmental permits and approvals. In the event that the customer does not meet his obligations, particularly ancillary and cooperation obli- gations, voestalpine Regosteel shall reserve the right, irrespective of other rights, to adapt delivery dates and deadlines to the respective processing and production schedules and to postpone delivery accordingly within reasonable reasonable- limits. In the event that no other agreement has been made, compliance with delivery dates and deadlines is based on the date of shipment from the works (pur- suant to Incoterms® (2010) FCA in unclear cases). Delivery dates and deadlines are deemed to be met if the goods are ready for dispatch and cannot be sent on schedule for reasons not at- tributable to voestalpineRegosteel.

Terms of Delivery. Insofar as conditions have not been specified A. Delivery of the Sweatshirts shall be made by Company to the contraryAuthority within twenty one (21) days of the date of this Agreement. Failure by Company to deliver the Sweatshirts within the specified time shall constitute a breach of this Agreement and shall release the Authority from any and all liabilities or obligations hereunder. B. THE TIME OF DELIVERY IS OF THE ESSENCE. IF A TENDER OF CONFORMING GOODS IS NOT MADE BY THE SCHEDULED DELIVERY DATE, COMPANY MAY, AT THE SOLE DISCRETION OF THE AUTHORITY, HAVE AN OPPORTUNITY TO MAKE A LATER CONFORMING TENDER. Company shall promptly notify the indicated dates and deadlines Authority in writing of delivery are reference values that are generally subject to confirmation and in no way entitle the customer to any compensation for anticipated delay in the performance of supplies scheduled delivery date, and servicesthe Authority reserves the right, irrespective of legal grounds. However, in order to maintain the customer is entitled, after fruitless expiry of a reasonable grace periodscheduled delivery date, to withdraw from the contract following prolonged delays attributed require Company to voestalpineexpedite delivery by shipping via a speedier, alternate transport means. This shall only apply where de- layed goods have not already entered the production stage. Where voestalpine has explicitly confirmed a designated Additional costs attributable to such expedited delivery date and deadline, the customer shall not be entitled to withdraw from the contract and claim any incurred damages within the scope of Section 8, General Limitation of Liability, unless the cus- tomer has expressly designated an appropriate grace period that has fruitlessly expired before voestalpine performs the respective supplies and/or services. Industry-customary production lead times shall be taken into account along with the appropriateness of the grace periodpaid by Company. In the interest of crucial predictability and otherwise Company shall be liable for all resulting damages to the exclusion of all liability claims, voestalpine is to be sufficiently and concretely informed at the latest at the time the contract is signed of potential losses and damages arising from Authority occasioned by delay in delivery. Without prejudice Delivery shall not be deemed to be complete until the afore stipulated provi- sions, delivery dates and deadlines are based on the provisions set forth in the order confirmation. However, in cases of doubt, they do not become effective until all contract-related details goods have been clarified in their entiretyactually received and accepted by the Authority. Advance and excess shipments may at the Authority=s option be rejected and returned to Company at Company=s expense. Failure by Company to deliver the Sweatshirts covered by this Agreement within the specified time shall, particularly at the Authority’s sole discretion, constitute a breach of this Agreement and shall release the Authority from any and all liabilities or obligations hereunder. C. Upon Delivery, the Sweatshirts shall be inspected by the Authority to assure conformity with respect to the provision of any required domestic or international governmental permits and approvalsAuthority’s RFP. In the event that the customer does not meet his obligationsSweatshirts fail to be compatible in any way, particularly ancillary and cooperation obli- gations, voestalpine shall reserve the right, irrespective of other rights, non-conforming Sweatshirts may be returned to adapt delivery dates and deadlines Company with Company’s obligation to take adequate remedial action as to the respective processing non-conforming Sweatshirts or replace such Sweatshirts with conforming Sweatshirts in either case, within fourteen (14) calendar days of rejection by the Authority, or the delivery of such non-conforming Sweatshirts in the first or any subsequent instance, shall be deemed, at the Authority’s sole discretion, a breach of this Agreement by Company and production schedules shall release the Authority from any and all liabilities or obligations associated with this Agreement. The Authority=s inspection, discovery of any breach of warranty, failure to postpone delivery accordingly within reasonable limits. In make an inspection or failure to discover any breach of warranty shall not constitute a waiver of any of the event that no other agreement has been made, compliance with delivery dates Authority=s rights or remedies whatsoever. D. For purposes of this Agreement “Delivery” shall mean the normal business day of the Authority upon which the Sweatshirts are transferred to the physical and deadlines is based on titular possession of the Authority. E. The Authority shall have five (5) business days from the date of shipment from the works (pur- suant Delivery to Incoterms® (2010) FCA in unclear cases). Delivery dates and deadlines are deemed to be met if the goods are ready for dispatch and cannot be sent on schedule for reasons not at- tributable to voestalpinereject non-conforming Sweatshirts.