Common use of DELIVERY AND TRANSPORT Clause in Contracts

DELIVERY AND TRANSPORT. The period for delivery shall commence on the date on which Confirmation of Order is given. The delivery date mentioned in the Confirmation of Order is an estimate. The Seller shall have no liability in respect of any failure to deliver by any such estimated date, unless through deliberate negligence on the part of the Seller. If there is no Confirmation of Order prior to delivery, the Seller shall inform the Buyer in advance on the intended delivery date orally or in writing. Delivery of goods is always carried out in accordance with the delivery terms (Incoterms 2020) as specified in the order confirmation. Unless otherwise specified, all risks relating to the goods sold, including those as a result of force majeure, are transferred to the Buyer on delivery of the goods to the carrier. It is the responsibility of the Buyer, who assumes all the risks of shipment, to verify upon reception the quality, quantity, condition, weight of the goods and their conformity to the shipping documents, to make all reservations and to transmit any claims to the carrier, and take appropriate action against the latter within the legal period if necessary. The Buyer shall also communicate any such claims to the Seller for information. If the Buyer has placed an order giving rise to successive deliveries according to an agreed time line, the Buyer shall not be entitled to request any suspension of deliveries or a different distribution of them. : Payment terms will be mentioned on the invoice and they will start to run from the invoice date. By acceptance of these conditions, the Buyer accepts and agrees on the right of the Seller to unilaterally determine the payment terms applicable to the given order, which does not constitute and does not require any amendment to the relevant order. No discount for anticipated payment will be applicable unless with the prior written acceptation of the Seller. In case of insolvency, bankruptcy, liquidation, or similar proceeding or arrangement with creditors, or the appointment of a receiver, all outstanding balances shall be deemed immediately due and payable. In case of non-payment, even partial, of any invoice at maturity date, all outstanding debt shall become payable in full. Moreover, interest equivalent to the ECB rate in force at the due date plus 10 percentage points, but no less than 3 times the statutory interest rate applicable in France shall be applied on late payments without prejudice of the option for the Seller to claim the reimbursement of costs for legal proceedings and/or obtain a financial guarantee for the payment and/or prevail itself of the termination of all orders not yet delivered and those for which payment has not been made.

DELIVERY AND TRANSPORT. The period for delivery shall commence on the date on which Confirmation of Order is given. The delivery date mentioned in the Confirmation of Order is an estimate. The Seller shall have no liability in respect of any failure to deliver by any such estimated date, unless through deliberate negligence on the part of the Seller. If there is no Confirmation of Order prior to delivery, the Seller shall inform the Buyer in advance on the intended delivery date orally or in writing. Delivery of goods is always carried out in accordance with the delivery terms (Incoterms 20202010) as specified in the order confirmation. Unless otherwise specified, all risks relating to the goods sold, including those as a result of force majeure, are transferred to the Buyer on delivery of the goods to the carrier. It is the responsibility of the Buyer, who assumes all the risks of shipment, to verify upon reception the quality, quantity, condition, weight of the goods and their conformity to the shipping documents, to make all reservations and to transmit any claims to the carrier, and take appropriate action against the latter within the legal period if necessary. The Buyer shall also communicate any such claims to the Seller for information. If the Buyer has placed an order giving rise to successive deliveries according to an agreed time line, the Buyer shall not be entitled to request any suspension of deliveries or a different distribution of them. : Payment terms will be mentioned on the invoice and they will start to run from the invoice date. By acceptance of these conditions, the Buyer accepts and agrees on the right of the Seller to unilaterally determine the payment terms applicable to the given order, which does not constitute and does not require any amendment to the relevant order. No discount for anticipated payment will be applicable unless with the prior written acceptation of the Seller. In case of insolvency, bankruptcy, liquidation, or similar proceeding or arrangement with creditors, or the appointment of a receiver, all outstanding balances shall be deemed immediately due and payable. In case of non-payment, even partial, of any invoice at maturity date, all outstanding debt shall become payable in full. Moreover, interest equivalent to the ECB rate in force at the due date plus 10 percentage points, but no less than 3 times the statutory interest rate applicable in France shall be applied on late payments without prejudice of the option for the Seller to claim the reimbursement of costs for legal proceedings and/or obtain a financial guarantee for the payment and/or prevail itself of the termination of all orders not yet delivered and those for which payment has not been made.