Common use of Delivery and Shipment Clause in Contracts

Delivery and Shipment. 4.1 The Products shall be prepared and packed in accordance with the Specifications and in a way that prevents damage during transport and handling. Supplier may not make any changes to the packaging instructions set forth in the Specifications without prior written approval by the Concentric Affiliate or otherwise the Concentric Affiliate will have the right to charge for extra handling costs at Supplier’s expense. No charge shall be made for packing, carriage or storage unless such charges are expressly agreed in the relevant Purchase Order. 4.2 The Concentric Affiliate shall obtain title to the Products when the Products are delivered according to the agreed delivery terms as set out in the relevant Purchase Order. 4.3 A deviation or concession number must be quoted on all packing and invoice paperwork related to a delivery. Any boxes containing Products in this condition must be identified with a label quoting the concession number. 4.4 Supplier commits to deliver the Products on the agreed delivery date and to the delivery location set out in the Purchase Order. In case Supplier discovers that the agreed delivery date cannot be met, Supplier shall without delay notify the Concentric Affiliate about the delay and inform about its best estimate of when delivery can take place. Supplier shall use all reasonable efforts to minimize any delay. This includes expediting shipments of Products and/or Components, running overtime in production, and sourcing Components at premium cost. 4.5 If Supplier fails to deliver Products on the agreed delivery date, and the failure is not attributable to an action or omission by the Concentric Affiliate, the Concentric Affiliate has the right to claim compensation from Supplier for the loss or damage suffered by the Concentric Affiliate due to the delay. If a delivery under a Purchase Order, in whole or in part, has not been delivered within six (6) weeks from the agreed delivery date, the Concentric Affiliate shall be entitled to cancel the Purchase Order without liability and without prejudice to the Concentric Affiliate’s right to compensation of damages. 4.6 The Concentric Affiliate may reject Products that are visibly Non-Conforming (“Rejected Delivery”). For the Purposes of this Section 4.6, “Non-Conforming” means any discrepancy of the Product from the Specifications that is visually ascertainable, including but not limited to: not having correct part number, quantity not in accordance with the ordered quantity, appear to be damaged or in other way visually non-conforming to the applicable Purchase Order or Specification. In case of Rejected Delivery, Supplier shall, at the Concentric Affiliate’s discretion, either rework the Non-Conforming Products within a time period agreed between the Parties, or withdraw any invoice for the Rejected Delivery and/or issue a credit to the Concentric Affiliate for the Rejected Delivery and compensate the Concentric Affiliate for the loss or damage suffered by the Concentric Affiliate due to the Reject Delivery, including but not limited to transportation costs associated with the return and/or destruction of the Rejected Delivery. 4.7 If Supplier is unable to rework the Non-Conforming Products within the agreed time period, the Concentric Affiliate reserve the right to rework the Non-Conforming Products using their own employees or an approved sub- contractor. The cost associated with sorting and rework of the Non-Conforming Products is $50//€50 per hour. The Concentric Affiliate shall notify the Supplier of the estimated rework time and costs via email. In addition to the rework labour costs an administration fee of $100/€100 will be applied to all non-conformance notifications where an eight (8) business days response is requested by the Concentric Affiliate. 4.8 Supplier undertakes to implement necessary actions to reach a Service level of 99%.

Delivery and Shipment. 4.1 The Products shall be prepared and packed in accordance with the Specifications and in a way that prevents damage during transport and handling. Supplier may not make any changes to the packaging instructions set forth in the Specifications without prior written approval by the Concentric Affiliate or otherwise the Concentric Affiliate will have the right to charge for extra handling costs at Supplier’s expense. No charge shall be made for packing, carriage or storage unless such charges are expressly agreed in the relevant Purchase Order. 4.2 The Concentric Affiliate shall obtain title to the Products when the Products are delivered according to the agreed delivery terms as set out in the relevant Purchase Order. 4.3 A deviation or concession number must be quoted on all packing and invoice paperwork related to a delivery. Any boxes containing Products in this condition must be identified with a label quoting the concession number. 4.4 Supplier commits to deliver the Products on the agreed delivery date and to the delivery location set out in the Purchase Order. In case Supplier discovers that the agreed delivery date cannot be met, Supplier shall without delay notify the Concentric Affiliate about the delay and inform about its best estimate of when delivery can take place. Supplier shall use all reasonable efforts to minimize any delay. This includes expediting shipments of Products and/or Components, running overtime in production, and sourcing Components at premium cost. 4.5 If Supplier fails to deliver Products on the agreed delivery date, and the failure is not attributable to an action or omission by the Concentric Affiliate, the Concentric Affiliate has the right to claim compensation from Supplier for the loss or damage suffered by the Concentric Affiliate due to the delay. If a delivery under a Purchase Order, in whole or in part, has not been delivered within six (6) weeks from the agreed delivery date, the Concentric Affiliate shall be entitled to cancel the Purchase Order without liability and without prejudice to the Concentric Affiliate’s right to compensation of damages. 4.6 The Concentric Affiliate may reject Products that are visibly Non-Conforming (“Rejected Delivery”). For the Purposes of this Section 4.6, “Non-Conforming” means any discrepancy of the Product from the Specifications that is visually ascertainable, including but not limited to: not having correct part number, quantity not in accordance with the ordered quantity, appear to be damaged or in other way visually non-conforming to the applicable Purchase Order or Specification. In case of Rejected Delivery, Supplier shall, at the Concentric Affiliate’s discretion, either rework the Non-Conforming Products within a time period agreed between the Parties, or withdraw any invoice for the Rejected Delivery and/or issue a credit to the Concentric Affiliate for the Rejected Delivery and compensate the Concentric Affiliate for the loss or damage suffered by the Concentric Affiliate due to the Reject Delivery, including but not limited to transportation costs associated with the return and/or destruction of the Rejected Delivery. 4.7 If Supplier is unable to rework the Non-Conforming Products within the agreed time period, the Concentric Affiliate reserve the right to rework the Non-Conforming Products using their own employees or an approved sub- contractor. The cost associated with sorting and rework of the Non-Conforming Products is a $50//€50 per hour. When additional hourly costs arise due to specific controls, such costs will be communicated by Concentric Affiliate notifying the supplier the estimated rework cost and time. The Concentric Affiliate shall notify the Supplier of the estimated rework time and costs via email. In addition to the rework labour costs an administration fee of $100/€100 will be applied to all non-conformance notifications where an eight (8) business days response is requested by the Concentric Affiliate. 4.8 Supplier undertakes to implement necessary actions to reach a Service level of 99%.