Common use of COMPENSATION AND DEFECT FROM THE AGREEMENT Clause in Contracts

COMPENSATION AND DEFECT FROM THE AGREEMENT. 1. The Buyer will always be entitled, even if the Seller does not violate any of the obligations, to suspend the Order / Agreement period set by the Buyer, or to cancel the Order / Agreement in whole or in part, after three-day prior notification to the Sellers. In the event of such cancellation, the Sellers may charge the Buyer with the costs incurred up to the time of the cancellation related to the Order / Agreement. Under no circumstances shall the Seller be entitled to compensation for indirect damage or loss of profits. 2. In the event that the Seller does not comply with any terms or conditions of the Order / Agreement, the Buyer is entitled, in the form of a written notification to the Sellers and without prejudice to any other corrective measures, to cancel the Order / Agreement in whole or in part without further obligations and liability and to recovering from the Sellers any amounts paid by the Buyer, any additional costs incurred while trying to replace the Goods by an alternative supplier and compensation for losses or damages incurred by the Buyer as a result of the delayed completion of the order by the Sellers. The same applies if the Sellers do not make any progress in the production or assembly of the Goods, which put in risk the timely performance of the Order in accordance with its terms 3. The Buyer is entitled to cancel the Order / Agreement with immediate effect without further obligations or liability, if he has sufficient reasons to conclude that the Sellers will not be able to properly fulfill their obligations. 4. In the event of a delay in delivery due to reasons other than Force Majeure, the Seller shall be obliged to pay the Buyer a contractual penalty in the amount of 2% of the value of the Goods delivered after the agreed deadline for each week of delay. The total amount of contractual penalties in this respect may not exceed 10% of the value of goods delivered with a delay. 5. If the damage resulting from non-performance or improper performance of the terms of the Order / Agreement is higher than the amount of reserved contractual penalties, the Buyer has the right to claim damages in this respect on general terms. 6. The Buyer is entitled to deduct accrued contractual penalties from the remuneration due to the Seller.

COMPENSATION AND DEFECT FROM THE AGREEMENT. 1. The Buyer will always be entitled, even if the Seller does not violate any of the obligations, to suspend the Order / Agreement period set by the Buyer, or to cancel the Order / Agreement in whole or in part, after three-day prior notification to the Sellers. In the event of such cancellation, the Sellers may charge the Buyer with the costs incurred up to the time of the cancellation related to the Order / Agreement. OGÓLNE WARUNKI Wydanie Issue: V Strona Page 16 z 17 Under no circumstances shall the Seller be entitled to compensation for indirect damage or loss of profits. 2. In the event that the Seller does not comply with any terms or conditions of the Order / Agreement, the Buyer is entitled, in the form of a written notification to the Sellers and without prejudice to any other corrective measures, to cancel the Order / Agreement in whole or in part without further obligations and liability and to recovering from the Sellers any amounts paid by the Buyer, any additional costs incurred while trying to replace the Goods by an alternative supplier and compensation for losses or damages incurred by the Buyer as a result of the delayed completion of the order by the Sellers. The same applies if the Sellers do not make any progress in the production or assembly of the Goods, which put in risk the timely performance of the Order in accordance with its terms 3. The Buyer is entitled to cancel the Order / Agreement with immediate effect without further obligations or liability, if he has sufficient reasons to conclude that the Sellers will not be able to properly fulfill their obligations. 4. In the event of a delay in delivery due to reasons other than Force Majeure, the Seller shall be obliged to pay the Buyer a contractual penalty in the amount of 2% of the value of the Goods delivered after the agreed deadline for each week of delay. The total amount of contractual penalties in this respect may not exceed 10% of the value of goods delivered with a delay. 5. If the damage resulting from non-performance or improper performance of the terms of the Order / Agreement is higher than the amount of reserved contractual penalties, the Buyer has the right to claim damages in this respect on general terms. 6. The Buyer is entitled to deduct accrued contractual penalties from the remuneration due to the Seller.