Common use of DELIVERY OR PERFORMANCE SCHEDULE Clause in Contracts

DELIVERY OR PERFORMANCE SCHEDULE. (a) Time is of the essence with respect to completion and/or fulfillment of the Purchase Order. (b) Supplier shall deliver the Goods to and/or perform the Services at the designated delivery point no later than the Delivery Date, unless the Delivery Date or Delivery address is altered by the Company and is agreed upon in writing with the Supplier. (c) The Company shall not be obliged to accept any Goods and/or Services in excess of the quantity specified in the Purchase Order. (d) The Company may terminate the Purchase Order for any nonconformity in any Goods supplied and/or Services performed hereunder, including, without limitation, failure of Supplier to supply Goods and/or to perform Services when due or deficient, defective or incomplete performance of Goods and/or Services. (e) Supplier shall promptly advise the Company of any delay or anticipated delay in delivery or performance and shall pay the Company for any losses sustained or costs incurred by the Company as a result of a late delivery or performance. (f) Supplier shall not, without the Company’s prior written consent, manufacture or procure materials in advance of Supplier’s normal flow time or supply Goods and/or to perform Services in advance of schedule. In the event of termination of the Purchase Order, no claim by Supplier will be allowed for any such manufacture or procurement or delivery of Goods and/or performance of Services in advance of such normal flow time without the prior written consent of the Company. (g) The Supplier shall, at the Supplier’s cost, replace any Goods lost or damaged in transit, howsoever caused. (h) The Supplier shall ensure that the Goods are packaged as per the instructions in the Purchase Order. In the event that there are no instructions in the Purchase Order, the Supplier shall meet the packaging standards as is customary in the industry so as to ensure adequate protection for Goods and eliminate damage. (i) If applicable, Delivery shall not be deemed completed until instruction and assembly manuals, drawings, signed off samples or prototypes required to be supplied in terms of the Purchase Order have been delivered to and accepted by the Company in writing. (j) The Supplier warrants and represents that whilst at any Company site or premises, the Supplier shall and shall ensure that its employees, agents, sub-contractors and/or representatives shall comply with the Occupational Health and Safety Act No. 85 of 1993 and any Company health and safety policies and security requirements, in force from time to time. (k) Unless specified otherwise herein, this Agreement shall not be deemed separable as to the Goods and/or Services ordered herein.