Common use of Transportation and Supply Clause in Contracts

Transportation and Supply. 4.2.1 The Seller undertakes to take all measures necessary to perform proper transportation or supply of the Goods by all appropriate means and using all appropriate equipment and accessories, and with the assistance of competent and solvent agents or subcontractors where necessary. The Seller shall organize transportation or supply of the Goods to the place of Delivery in a manner designed to avoid damage to the Goods, and so as to avoid difficulties in unloading the Goods at the place of Delivery. 4.2.2 Delivery times set out in the Order shall be of the essence. If the Order is not performed within the specified time, the Buyer shall be entitled to cancel the Order. The Buyer reserves the right to refuse partial or early Deliveries, and in such cases may return the Goods or, in its discretion, store them, at the Seller's cost and risk. 4.2.3 The Seller shall immediately notify the Buyer in writing of any delays in Delivering the Goods and simultaneously provide all information concerning the reason for and/or extent of the delay, as well as details relating to the efforts the Seller is making or intends to make in order to avoid further delay and expedite Delivery. In the event of a repeated delay in Delivery, the Buyer shall be entitled, without prejudice to any other remedies or rights it may have in terms of these GPC or in law, to liquidated damages in the amount of 1% of the Order price for each full week of delay, not to exceed a maximum of 10% of the Order price. The Buyer shall be entitled to set off the amount of such liquidated damages against the amount owing by the Buyer to the Seller in respect of any invoice relating to such Order and/or any previous Orders not yet paid in full by the Buyer. The Buyer shall communicate its decision to claim liquidated damages to the Seller by no later than the date of payment of the first invoice following the delay. The Seller agrees that the liquidated damages constitute a reasonable pre- estimate of the minimum damages which the Buyer may suffer as a result of the delay by the Seller. Such liquidated damages shall be without prejudice to the Buyer’s rights to claim damages related to other aspects of Seller’s performance or in relation to the Goods.

Transportation and Supply. 4.2.1 The Seller undertakes to take all measures necessary to perform proper transportation or supply of the Goods by all appropriate means and using all appropriate equipment and accessories, and with the assistance of competent and solvent agents or subcontractors where necessary. The Seller shall organize transportation or supply of the Goods to the place of Delivery in a manner designed to avoid damage to the Goods, and so as to avoid difficulties in unloading the Goods at the place of Delivery. 4.2.2 Delivery times set out in the Order shall be of the essence. If the Order is not performed within the specified time, the Buyer shall be entitled to cancel the Order. The Buyer reserves the right to refuse partial or early Deliveries, and in such cases may return the Goods or, in its discretion, store them, at the Seller's cost and risk. 4.2.3 The Seller shall immediately notify the Buyer in writing of any delays in Delivering the Goods and simultaneously provide all information concerning the reason for and/or extent of the delay, as well as details relating to the efforts the Seller is making or intends to make in order to avoid further delay and expedite Delivery. In the event of a repeated delay in Delivery, the Buyer shall be entitled, without prejudice to any other remedies or rights it may have in terms of these GPC or in law, to liquidated damages in the amount of 1% of the Order price for each full week of delay, not to exceed a maximum of 10% of the Order price. The Buyer shall be entitled to set off the amount of such liquidated damages against the amount owing by the Buyer to the Seller in respect of any invoice relating to such Order and/or any previous Orders not yet paid in full by the Buyer. The Buyer shall communicate its decision to claim liquidated damages to the Seller by no later than the date of payment of the first invoice following the delay. The Seller agrees that the liquidated damages constitute a reasonable pre- pre-estimate of the minimum damages which the Buyer may suffer as a result of the delay by the Seller. Such liquidated damages shall be without prejudice to the Buyer’s rights to claim damages related to other aspects of Seller’s performance or in relation to the Goods.

Transportation and Supply. 4.2.1 The Seller undertakes to take all measures necessary to perform proper transportation or supply of the Goods by all appropriate means and using all appropriate equipment and accessories, and with the assistance of competent and solvent agents or subcontractors where necessary. The Seller shall organize transportation or supply of the Goods to the place of Delivery in a manner designed to avoid damage to the Goods, and so as to avoid difficulties in unloading the Goods at the place of Deliverydelivery. 4.2.2 Delivery times set out in the Order shall be of the essence. If the Order is not performed within the specified time, the Buyer shall be entitled to immediately cancel the Order. The Buyer reserves the right to refuse partial or early Deliveriesdeliveries, and in such cases may return the Goods or, in its discretion, store them, at the Seller's cost and risk. 4.2.3 The Seller shall immediately notify the Buyer in writing of any delays in Delivering delivering the Goods and simultaneously provide all information concerning the reason for and/or extent of the delay, as well as details relating to the efforts the Seller is making or intends to make in order to avoid further delay and expedite Deliverydelivery. In the event of a repeated significant delay in Deliverydelivery, the Buyer shall be entitled, without prejudice to any other remedies or rights it may have in terms of these GPC or in law, to liquidated damages in the amount of 1% of the Order price for each full week of delay, not to exceed a maximum of 10% of the Order priceand/or any previous Orders not yet paid in full by the Buyer. The Buyer shall be entitled to set off the amount of such liquidated damages against the amount owing by the Buyer to the Seller in respect of any invoice relating to such Order and/or any previous Orders not yet paid in full by the BuyerOrder. The Buyer shall communicate its decision to claim liquidated damages to the Seller by no later than the date of payment of the first invoice following the delay. The Seller agrees that the liquidated damages constitute a reasonable pre- pre-estimate of the minimum damages which the Buyer may suffer as a result of the delay by the Seller. Such liquidated damages shall be without prejudice to the Buyer’s rights to claim damages related to other aspects of Seller’s performance or in relation to the Goods.