Common use of Delivery of the Products Clause in Contracts

Delivery of the Products. 5.1 Delivery of the Products shall take place at the Delivery Point. Acceptance of any change to the Delivery Point requested by the Customer shall be at the Supplier’s sole discretion and the Customer shall be liable for any additional Expenses incurred by the Supplier as a result of such change. The Customer shall be responsible for arranging all export documents as are necessary in relation to the Products. 5.2 Delivery or performance dates in relation to the supply by the Supplier of Products are as set forth in section 3.4 and approximate only and, time is not of the essence for delivery of the Products. The Supplier may effect delivery in one or more instalments, but shall use due diligence to ship quantities consistent with the time schedule set forth in section 3. 5.3 The Customer shall, within thirty days of the delivery of the Products to Customer’s facility, give written notice of rejection to the Supplier on account of any defect by reason of which the Customer alleges that the Products delivered do not comply with the Warranty and which was apparent on reasonable inspection. In the event a Unit or component of a Unit is defective, Supplier shall make arrangements for and be responsible for shipping associated with its return and replacement. 5.4 If the Customer fails to give notice as specified in clause 5.3 then, any defect which is one which would be apparent on reasonable visual inspection (“Overt Defect”), shall be presumed to comply with the Specifications and, accordingly, the Customer shall be deemed to have accepted such Overt Defect and the Supplier shall have no liability to the Customer with respect to that Overt Defect (except in relation to liability for any latent defects). 5.5 If the Customer rejects any delivery of the Products which do not comply with the Warranty, subject to clause 3.7 the Supplier shall, within thirty days of the Supplier accepting that the Products do not comply with the Warranty notify the Customer that it shall supply replacement Products which comply with the Warranty within 30 Business Days of sending such notice, in which event the Supplier shall be deemed not to be in breach of this agreement or have any liability to the Customer for the rejected Products. 5.6 The Customer is responsible for obtaining, at its own cost, such import licences and other consents in relation to the Products as are required from time to time and, If required by the Supplier, the Customer shall make those licences and consents available to the Supplier prior to the relevant shipment. The Supplier shall provide all needed documentation required to ship, Insure, and export/import the Product to the Customer. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.

Delivery of the Products. 5.1 The Supplier will have fulfilled its contractual obligations in respect of each delivery provided that the quantity actually delivered is no greater than 10% more or less than the quantity specified on the Purchase Order. The Customer shall pay for the actual quantity delivered. 5.2 Delivery of the Products shall take place at the Delivery PointPoint in accordance with Incoterms® 2010, as the same may be updated, amended or substituted from time to time. Acceptance of any change to the Delivery Point requested by the Customer shall be at the Supplier’s 's sole discretion and the Customer shall be liable for any additional Expenses incurred by the Supplier as a result of such change. The Customer Supplier shall be responsible arrange for arranging all export documents as are necessary in relation suitable transport to the Products.Delivery Point.‌ 5.2 5.3 Delivery or performance dates in relation to the supply by the Supplier of Products are as set forth in section 3.4 and approximate only and, unless otherwise expressly stated, time is not of the essence for delivery of the Products. . 5.4 If there is any delay on delivery of the Products which is outside the control of the Supplier, the Customer shall indemnify the Supplier on demand for all costs incurred in connection with such delay, including any additional transit, shipping or storage costs. 5.5 The Supplier may effect delivery in one or more instalments, but shall use due diligence to ship quantities consistent with the time schedule set forth in section 3. 5.3 5.6 The Customer shall, within thirty days two Working Days of the arrival of each delivery of the Products at the Delivery Point: 5.6.1 conduct a thorough inspection of the appearance, quantity, materials, workmanship as well as performance of the Products in order to Customer’s facility, verify and confirm the conformity of the delivered Products with the Warranty; and 5.6.2 give written notice of rejection to the Supplier on account of any defect by reason of which the Customer alleges that the Products delivered do not comply with the Warranty and which was apparent on reasonable inspection. In the event a Unit or component of a Unit is defective, Supplier shall make arrangements for and be responsible for shipping associated with its return and replacement. 5.4 5.7 If the Customer fails to give notice as specified in clause 5.3 Clause 5.6.2 then, any defect which is one which would be apparent on reasonable visual inspection (“Overt Defect”), the Products shall conclusively be presumed to comply with the Specifications Warranty and this Agreement and, accordingly, the Customer shall be deemed to have accepted such Overt Defect the delivery of the Products in question and the Supplier shall have no liability to the Customer with respect to that Overt Defect delivery (except in relation to liability for any latent defects). 5.5 5.8 If the Customer rejects alleges that any delivery of Products are defective, it shall, if so requested by the Supplier, store the defective Products separately and safely or return the relevant Products (unaltered and unrepaired) to the Supplier for inspection as soon as possible and at its own risk and expense. 5.9 If the Supplier agrees that the Products which have been rejected by the Customer in accordance with Clause 5.8, do not comply with the Warranty, subject to clause 3.7 the Supplier shall, within thirty days of the Supplier accepting that the Products do not comply with the Warranty notify the Customer that it shall : 5.9.1 supply replacement or repaired Products which comply with the Warranty within 30 Business Days of sending such noticeWarranty, in which event the Supplier shall be deemed not to be in breach of this agreement Agreement or have any liability to the Customer for the rejected Products; or 5.9.2 notify the Customer that it is unable to supply replacement Products, in which case the Supplier shall grant to the Customer a credit equal to the value of the Products which the Supplier agrees do not comply with the Warranty (Credit). 5.6 5.10 The Customer is responsible for obtaining, at its own cost, such import licences and other consents in relation Supplier's decision as to whether the Products as are required from time to time and, If required by the Supplier, the Customer shall make those licences and consents available to the Supplier prior to the relevant shipment. The Supplier shall provide all needed documentation required to ship, Insure, and export/import the Product to the Customer. ***Confidential treatment requested pursuant to a request for confidential treatment filed comply with the Securities and Exchange Commission. Omitted portions have been filed separately with the CommissionSpecification shall be final.