Common use of Delivery and Collection Clause in Contracts

Delivery and Collection. (a) Save as set out in clause 4 above in respect of unloading and loading of the Plant, Delivery and Collection of the Plant shall be made by the Owner and the Owner shall use all reasonable endeavours to effect the Delivery or Collection of the Plant by the date and time agreed between the parties. However, time shall not be of the essence in respect of Delivery or Collection. (b) The Hirer and the Owner shall agree a time slot for the Delivery or Collection of the Plant and if as a result of the Hirer f ailing to comply with its obligations hereunder, the Owner is unable to effect the Delivery or Collection within the agreed time slot then the Owner (or t heir agents) shall be entitled to abort the Delivery or Collection and the Hirer shall be charged in full for such an aborted Deli very or Collection and for any further Deliveries or Collections carried out by the Owner. (c) The Owner shall be entitled at any time and without liability to the Hirer to change any agreed Delivery or Collection date a nd time slot and the Hirer shall ensure that it complies with its obligations hereunder in respect of any revised Delivery or Collection date or time slot. The Hirer shall not be entitled to change any Delivery or Collection date or time once agreed without the written consent of the Owner and the Hirer shall be liable for any aborted Delivery or Collection costs incurred by the Owner in the event of such a change. (d) In addition and without prejudice to clause 5. (b) and (c) above, if the unloading of the Plant at Delivery and/or the loading of the Plant at Collection has not been completed within 40 minutes of the arrival at Site of the Owner’s representatives or agents who are t o effect Delivery or Collection (‘Waiting Time’), then the Hirer acknowledges that after the Waiting Time has lapsed, at the discretion of the Owner; i. the Hirer will be charged £50 per 30 minutes or part thereof that the Owner’s representatives or agents wait at the Site to e ffect the Delivery or Collection; and/or ii. the Delivery or Collection may be aborted by the Owner’s representatives or agents at any time meaning the Hirer shall be charged in full for such aborted Delivery or Collection (including, but not limited t o any charges under clause 5. (d) i. above) and for the cost of any further Deliveries or Collections carried out by the Owner. (e) Deliveries and Collection charges quoted by the Owner are wholly dependent on all the Plant, Hired by the Hirer being Deliver ed and Collected together in one Delivery or Collection. Any part Deliveries or part Collections will resul t in the Hirer being charged for any additional Deliveries and/or Collections the Owner carries out. A quotation is available for part Deliveries or Collections o n request. (f) The Hirer shall procure that a duly authorised representative of the Hirer (who the Hirer warrants shall have authority to bind the Hirer) shall be present at the Delivery and Collection of the Plant. Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Plant supplied within one Working Day of Delivery of the Plant, the Plant shall be deemed to be in good order (save for either an inherent fault or a fault not ascertainable by reasonable examination) and to the Hirer’s satisfaction. (g) The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s and the Owner’s rated capacity and in accordance with the manufacturer’s and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).

Delivery and Collection. (a) Save as set out in clause 4 above in respect of unloading i. Customer shall provide unimpeded and loading of the Plant, Delivery and Collection of the Plant shall be made by the Owner and the Owner shall use safe access to its premises at all reasonable endeavours to effect the Delivery or Collection of the Plant by the date and time agreed between the parties. However, time shall not be of the essence in respect of Delivery or Collection. (b) The Hirer and the Owner shall agree a time slot times for the Delivery delivery of Gas and collection of Gas Containers by Linde or Collection any authorized contractors on behalf of the Plant and if as a result of the Hirer f ailing to comply with its obligations hereunder, the Owner is unable to effect the Delivery or Collection within the agreed time slot then the Owner (or t heir agents) shall be entitled to abort the Delivery or Collection and the Hirer shall be charged in full for such an aborted Deli very or Collection and for any further Deliveries or Collections carried out by the Owner. (c) The Owner shall be entitled at any time and without liability to the Hirer to change any agreed Delivery or Collection date a nd time slot and the Hirer shall ensure that it complies with its obligations hereunder in respect of any revised Delivery or Collection date or time slotLinde. The Hirer shall not be entitled to change any Delivery or Collection date or time once agreed without the written consent of the Owner and the Hirer Customer shall be liable for any aborted Delivery damage to any of Linde’s assets including but not limited to the vehicles or Collection costs incurred by the Owner Gas Containers, if such unimpeded and safe access is not provided. ii. Gas shall be delivered at Customer's premises and/or designated premises included in the event Supply Agreement or Account. The Customer’s premises and/or designated premises shall be referred to as the “Delivery Point” for the purpose of such a changeall transactions under this Agreement. (d) In addition iii. Gas Containers’ deliveries and without prejudice to clause 5collections shall be on a full-for-empty basis at the Delivery Point. (b) and (c) above, if If Customer requests any variation from the unloading above Linde may levy an additional charge for any such supply. iv. For any collection of the Plant at empty Gas Containers, Customers shall render all possible assistances in ensuring that all empty Gas Containers are brought to an agreed designated area within the Delivery and/or Point for the loading collection by ▇▇▇▇▇. v. Where Customer chooses to return the Gas Containers directly or through Customer’s own third party contractor, Customer shall in advance notify Linde on the number of Gas Containers to be returned and the Linde site which the Customer is returning the Gas Container to. Customer shall ensure that all Gas Container’s valves are properly closed before returning the Gas Containers to Linde. An official receipt must be obtained from Linde before leaving ▇▇▇▇▇'▇ premises to acknowledge the receipt of returned Gas Containers. vi. In the event an electronic method of requesting delivery and collection of the Plant at Collection has not been completed within 40 minutes of the arrival at Site of the Owner’s representatives or agents who are t o effect Delivery or Collection (‘Waiting Time’)Gas Containers is implemented by ▇▇▇▇▇, then the Hirer delivery and return of all Gas Containers shall be proven through the data captured and stored in the electronic device used. At that point, ▇▇▇▇▇ shall have the right to discontinue the issuance and/or printing of any delivery document to prove the delivery and/or return of any Gas Containers. The Customer hereby acknowledges and accepts that after save and except for manifest errors, the Waiting Time has lapsed, at data captured and stored in the discretion electronic device shall be conclusive evidence of all delivery and return of the Owner; i. the Hirer will be charged £50 per 30 minutes or part thereof that the Owner’s representatives or agents wait at the Site to e ffect the Delivery or Collection; and/or ii. the Delivery or Collection may be aborted by the Owner’s representatives or agents at any time meaning the Hirer shall be charged in full for such aborted Delivery or Collection (including, but not limited t o any charges under clause 5. (d) i. above) and for the cost of any further Deliveries or Collections carried out by the OwnerGas Containers. (e) Deliveries and Collection charges quoted by the Owner are wholly dependent on all the Plant, Hired by the Hirer being Deliver ed and Collected together in one Delivery or Collection. Any part Deliveries or part Collections will resul t in the Hirer being charged for any additional Deliveries and/or Collections the Owner carries out. A quotation is available for part Deliveries or Collections o n request. (f) The Hirer shall procure that a duly authorised representative of the Hirer (who the Hirer warrants shall have authority to bind the Hirer) shall be present at the Delivery and Collection of the Plant. Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Plant supplied within one Working Day of Delivery of the Plant, the Plant shall be deemed to be in good order (save for either an inherent fault or a fault not ascertainable by reasonable examination) and to the Hirer’s satisfaction. (g) The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s and the Owner’s rated capacity and in accordance with the manufacturer’s and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).

Delivery and Collection. (a) Save a. MBA will supply Product, Packaging or Returnable Packaging and Services against orders placed by the Customer and which are accepted and confirmed in writing by MBA except as set out in clause 4 above Conditions 1(b) and 6(j) below and the other terms of this Agreement, or as otherwise agreed in respect writing. b. The Customer acknowledges that collection of unloading Product from an MBA site shall be at the Customer's own risk and loading that the Customer is responsible for handling and transporting the load safely, training the driver on any hazards of the PlantProduct and compliance with all relevant legislation. c. Where the Customer elects to collect Product from the Product Source this shall be done only with MBA's prior written agreement and at a time to suit MBA's normal hours of operation. Collections will be subject to a Handling Charge as detailed in MBA's written order acknowledgement. The Customer acknowledges that any such collection by the Customer (or his agent) must be undertaken in a safe and professional manner and that all policies and procedures relating to safety at the Product Source will be observed and adhered to. MBA reserves the right to refuse access to its site in the event that the Customer (or his agent) does not conform to this requirement. d. MBA reserves the right to introduce an electronic identification system or any other tracking system for Returnable Packaging. If such a system is introduced any delivered, returned or collected Returnable Packaging will be reconciled against the account of the Customer to which it was supplied. e. Subject to Condition 6(e), MBA's delivery/collection note (or that of its agent) shall be conclusive evidence of Delivery and Collection quantity of the Plant Goods. f. Failure by MBA to Deliver or perform by any time specified by MBA shall be made by not entitle the Owner Customer to terminate this Agreement and the Owner shall use all reasonable endeavours to effect the Delivery or Collection of the Plant by the date and time agreed between the parties. However, time shall not be of the essence in respect of Delivery Deliveries or Collectionperformance. MBA's liability for a failure to Deliver or perform shall be limited in accordance with Condition 6 below. (b) The Hirer and g. If Delivery of any Goods cannot be made due to the Owner shall agree a time slot for the Delivery act or Collection omission of the Plant and if as a result Customer (or the act or omission of any employee, agent or contractor of the Hirer f ailing to comply with its obligations hereunderCustomer), the Owner is unable to effect the Delivery or Collection within the agreed time slot then the Owner (or t heir agents) shall be entitled to abort the Delivery or Collection and the Hirer shall be charged in full for such an aborted Deli very or Collection and for any further Deliveries or Collections carried out by the Owner. (c) The Owner shall be entitled at any time and without liability to the Hirer to change any agreed Delivery or Collection date a nd time slot and the Hirer shall ensure that it complies with its obligations hereunder in respect of any revised Delivery or Collection date or time slot. The Hirer shall not be entitled to change any Delivery or Collection date or time once agreed without the written consent of the Owner and the Hirer shall be liable for any aborted Delivery or Collection costs incurred by the Owner in the event of such a change. (d) In addition and without prejudice to clause 5. (b) and (c) above, if the unloading of the Plant at Delivery and/or the loading of the Plant at Collection has not been completed within 40 minutes of the arrival at Site of the Owner’s representatives or agents who are t o effect Delivery or Collection (‘Waiting Time’), then the Hirer acknowledges that after the Waiting Time has lapsed, at the discretion of the Owner; i. the Hirer will be charged £50 per 30 minutes or part thereof that the Owner’s representatives or agents wait at the Site to e ffect the Delivery or Collection; and/or ii. the Delivery or Collection may be aborted by the Owner’s representatives or agents at any time meaning the Hirer shall be charged in full for such aborted Delivery or Collection (including, but not limited t o any charges under clause 5. (d) i. above) and for the cost of any further Deliveries or Collections carried out by the Owner. (e) Deliveries and Collection charges quoted by the Owner are wholly dependent on all the Plant, Hired by the Hirer being Deliver ed and Collected together in one Delivery or Collection. Any part Deliveries or part Collections will resul t in the Hirer being charged for any additional Deliveries and/or Collections the Owner carries out. A quotation is available for part Deliveries or Collections o n request. (f) The Hirer shall procure that a duly authorised representative of the Hirer (who the Hirer warrants shall have authority to bind the Hirer) shall be present at the Delivery and Collection of the Plant. Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Plant supplied within one Working Day of Delivery of the Plant, the Plant items shall be deemed to be in good order (save have been delivered and MBA may charge for either an inherent fault abortive journeys or a fault not ascertainable by reasonable examination) part deliveries and to the Hirer’s satisfactionfor storage thereof until delivered. (g) The Hirer shall be responsible h. With the Customer's prior written request and upon reasonable notice MBA can provide a certificate of analysis for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s and the Owner’s rated capacity and in accordance with the manufacturer’s and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted)Product supplied. MBA may make an additional charge for this Service.