Common use of DELIVERY AND COMPLETION Clause in Contracts

DELIVERY AND COMPLETION. (a) The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice. (b) Delivery will have occurred only when the Supplier has: (i) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by SCE’s representative or in the Order, and received written confirmation of receipt from SCE; (ii) completed the Services and SCE has received all documentation it requires including a Form 16 and any third party warranties required under clause 5(e); and (iii) completed the Services (including the provision of all deliverables and products of the Services to SCE) and received written confirmation of completion from SCE. (c) The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and withoutdelay. (d) If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE for liquidated damages at the rate set out in the Order for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (i) liquidated damages incurred meet the limit, if any, set out in the Order; (ii) the Agreement is terminated by SCE; or (iii) Delivery is completed, but if no rate is set out in the Order, SCE will be entitled to common law damages for the delay. (e) SCE: (i) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (ii) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date. (f) Any delay by SCE in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damages. (g) The Supplier may not subcontract any of its obligations without the prior consent of SCE. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.

DELIVERY AND COMPLETION. (a) 3.1 The Supplier must at its own cost properly pack and protect all deliver the Goods to ensure safe arrivalthe Site between the hours of 8.30am and 4.00pm by the Required Date, and safely transport the Goods along appropriate routes, unless otherwise directed by Screen Queensland in accordance with industry best practice. (b) writing. Delivery will have occurred only when the Supplier has: (i) has delivered the Goods to the Site, Site and (unless otherwise specified in the Order, ) unloaded the Goods at the location part of the Site designated by SCE’s representative or in Screen Queensland. 3.2 The Supplier must ensure that: (a) the OrderGoods are delivered with detailed delivery receipt detailing the Order number and description of contents and invoice, detailing item, quantity, Unit Price and received written confirmation of receipt from SCETotal Price; (iib) completed an employee of Screen Queensland signs the Services Supplier’s delivery receipt upon delivery. The Supplier acknowledges that if t h e Goods are delivered and SCE no signature has received all documentation it requires including a Form 16 been obtained the Goods may be considered undelivered and any third party warranties required under clause 5(e); and (iii) completed the Services (including the provision of all deliverables and products of the Services to SCE) and received written confirmation of completion from SCE.in that case Screen Queensland will not be responsible for such Goods; (c) The Supplier must achieve Delivery by the Delivery Date and Goods are supplied in any case expeditiously and withoutdelay.one delivery unless otherwise agreed; (d) If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE for liquidated damages at the rate set out in the Order for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (i) liquidated damages incurred meet the limit, if any, set out provided Free In Store unless otherwise specified in the Order; (iie) the Agreement is terminated by SCE; orany item subject to shelf life control will be freshly manufactured and clearly identified on delivery with details of date of manufacture, shelf life conditions, requirements and shelf life period; (iiif) Delivery is completed, but if no rate is set out in the Ordercase of food delivery, SCE will be entitled delivery is made in appropriately licensed registered and hygienic food transportation vehicles; and (g) all Goods are packed and protected in a way to common law damages for ensure that they are not damaged during delivery to and unloading and storage at the delaySite. (e) SCE3.3 The Supplier must complete the Services by the Required Date. 3.4 Time is of the essence in the supply of the Goods and/or Services. If the Supplier fails to supply the Goods and/or Services by the Required Date, Screen Queensland may: (ia) may postpone immediately cancel the Delivery Date for whole or any duration part of an Order and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (ii) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement claim against Screen Queensland; (b) return the Goods to the Supplier at the Supplier's expense; (c) seek damages as a result of the Delivery DateSupplier's late delivery; and/or (d) order the Goods from a third party and seek damages for any loss suffered by the Screen Queensland. (f) Any delay by SCE 3.5 Where no Required Date is specified in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damages. (g) The Supplier may not subcontract any of its obligations without the prior consent of SCE. Despite any consentan Order, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions notify Screen Queensland of the AgreementRequired Date upon receipt of Order.

DELIVERY AND COMPLETION. (a) The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice. (b) Delivery will have occurred only when the Supplier has: (i) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by SCEShamrock’s representative or in the Order, and received written confirmation of receipt from SCE; (ii) Shamrock; completed the Services and SCE Shamrock has received all documentation it requires including a Form 16 and any third party warranties required under clause 5(e); and (iiiii) completed the Services (including the provision of all deliverables and products of the Services to SCEShamrock) and received written confirmation of completion from SCEShamrock. (c) The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and withoutdelay. (d) If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE Shamrock for liquidated damages at the rate set out in the Order for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (i) liquidated damages incurred meet the limit, if any, set out in the Order; (ii) the Agreement is terminated by SCEShamrock; or (iii) Delivery is completed, but if no rate is set out in the Order, SCE ▇▇▇▇▇▇▇▇ will be entitled to common law damages for the delay. (e) SCEShamrock: (i) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (ii) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE Shamrock in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date. (f) Any delay by SCE Shamrock in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damages. (g) The Supplier may not subcontract any of its obligations without the prior consent of SCEShamrock. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.

DELIVERY AND COMPLETION. (a) The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice. (b) Delivery will have occurred only when the Supplier has: (i) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by SCE’s ’ representative or in the Order, and received written confirmation of receipt from SCE; (ii) completed the Services and SCE has received all documentation it requires including a Form 16 and any third party warranties required under clause 5(e); and (iii) completed the Services (including the provision of all deliverables and products of the Services to SCE) and received written confirmation of completion from SCE. (c) The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and withoutdelaywithout delay. (d) If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE for liquidated damages at the rate set out in the Order for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (i) liquidated damages incurred meet the limit, if any, set out in the Order; (ii) the Agreement is terminated by SCE; or (iii) Delivery is completed, but if no rate is set out in the Order, SCE will be entitled to common law damages for the delay. (e) SCE: (i) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (ii) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date. (f) Any delay by SCE in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damages. (g) The Supplier may not subcontract any of its obligations without the prior consent of SCE. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.

DELIVERY AND COMPLETION. (a) 2.1. The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice. (b) 2.2. Delivery will have occurred only when the Supplier has: (ia) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by SCEWastech’s representative or in the Order, and received written confirmation of receipt from SCEWastech; (ii) completed the Services and SCE has received all documentation it requires including a Form 16 and any third party warranties required under clause 5(e); and (iiib) completed the Services (including the provision of all deliverables and products of the Services and all third party warranties to SCEWastech) and received written confirmation of completion from SCEWastech. (c) 2.3. The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and withoutdelaywithout delay. (d) 2.4. If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE Wastech for liquidated damages at the rate set out in the Order (if any) for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (ia) liquidated damages incurred meet the limit, if any, set out in the Order; (iib) the Agreement is terminated by SCEWastech; or (iiic) Delivery is completed, but if no rate is set out in the Order, SCE Wastech will be entitled to common law damages for the delay. (e) SCE2.5. Wastech: (ia) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (iib) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE Wastech in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date. (f) 2.6. Any delay by SCE Wastech in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damageslarge. (g) 2.7. The Supplier may not subcontract any of its obligations without the prior consent of SCEWastech. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.