Common use of Packaging and Labelling Clause in Contracts

Packaging and Labelling. 5.1 The Supplier shall ensure that: (a) Goods are delivered in individual packages on standard Euro EPAL pallets (80cm x 120cm x 16.6cm), or any other similar standard pallets available in the Supplier’s jurisdiction, and wrapped in transparent film; (b) all pallets are in a good state of repair and treated for insects in accordance with ISPM 15 (as evidenced by the appropriate mark); (c) each Purchase Order is contained in a separate package; (d) the Goods are packaged adequately to provide protection against outside influences, particularly against weather conditions prevailing during exportation and transportation including moisture, cold, heat, light and air. In particular, any carton shall be minimum double ply and, for Medical Goods, use preferably white or metallic colour and avoid brown carton. Any fragile articles must be adequately packaged to comply with air and road transport requirements and applicable laws and regulations (including all IATA and IMO regulations); (e) individual packages packed on the pallets are sufficiently solid to withstand stacking at a height of up to eight (8) metres and sufficiently filled (with no empty spaces) to avoid crushing on stacking; (f) individual packages are adequately sealed using as much tape as necessary; (g) where possible, maximum weight per package is 35kg. In the event that total weight of the package exceeds 25kg, handles will be provided; (h) minimum volume per package is 10 litres; (i) whenever a package contains mixed articles (items, batch numbers, serial numbers) a specific warning label is included; (j) all Goods composed of multiple parts are delivered in one single package; and (k) identical Goods are packaged in identical packaging (carton dimensions and quantity) unless otherwise approved by MSF Supply in writing. 5.2 The Supplier acknowledges and agrees that the pallets will not be returned. 5.3 The Supplier shall ensure that: (a) a copy of the Packing List is sent to MSF Supply prior to delivery. The Packing List shall include the following minimum information: - MSF Supply Purchase Order reference; - Delivery address (MSF Supply or the Consignee in accordance with Article 4.1 (Delivery) of these Conditions); - Description and quantity of each Good delivered per package with reference to the package number; - Batch numbers or Serial numbers for each Good delivered, expiry dates and related quantities; - Weight & volume of each package; - Number of packages for each pallet; - Total weight, total volume, total number of packages, total number of pallets; and - Name of manufacturer, country of origin for each Good delivered. (b) the following documents are provided with each delivery: - Packing List (either as a separate document with the delivery or in a document bag on the external packaging); - Certificate of origin (form A or EUR1); - Bill of lading (originals – in case of seafreight); - Transport document (original) – Airway Bill, Bill of Lading or CMR; - Shipper’s Declaration (where applicable); and - Customs documents and any other documents required for export or customs control (subject to mutual consultation). (c) each individual package contained on a pallet is visible from the exterior and contains the following minimum information, which shall also be visible from the exterior when packed on the pallet: - Package number (each package shall be numbered separately); - Supplier item reference (EAN product code in barcode where possible); - Description of the Goods; - Weight; - Quantity; - Name of manufacturer; - Composition; - Batch number or serial numbers (with barcodes if possible); and - Expiry date. (d) any additional documents needed by MSF Supply prior to delivery including, without limitation, customs documents, are provided as soon as reasonably possible (on request from MSF Supply). 5.4 Notwithstanding the provisions of the applicable Incoterm, the Supplier shall be responsible for any loss or damage due to its failure to properly preserve, package, handle (before delivery) or pack the Goods. MSF Supply shall not be required to assert any claims for such loss or damage against the carrier involved.

Packaging and Labelling. 5.1 The Supplier shall ensure that: (a) Goods are delivered in individual packages on standard Euro EPAL pallets (80cm x 120cm x 16.6cm), or any other similar standard pallets available in the Supplier’s jurisdiction, and wrapped in transparent film; (b) all pallets are in a good state of repair and treated for insects in accordance with ISPM 15 (as evidenced by the appropriate mark); (c) each Purchase Order is contained in a separate package and that no more than one Purchase Order is contained in each package; (d) the Goods are packaged adequately to provide protection against outside influences, particularly against weather conditions prevailing during exportation and transportation including moisture, cold, heat, light and air. In particular, any carton shall be minimum double ply and, for Medical Goods, use preferably white or metallic colour and avoid brown cartonply. Any fragile articles must be adequately packaged to comply with air and road transport requirements and applicable laws and regulations (including all IATA and IMO regulations); (e) individual packages packed on the pallets are sufficiently solid to withstand stacking at a height of up to eight (8) metres and sufficiently filled (with no empty spaces) to avoid crushing on stacking; (f) individual packages are adequately sealed using as much tape as necessary; (g) where possible, maximum weight per package is 3535 kg. In the event that total weight of the package exceeds 25kg, handles will be provided; (h) minimum volume per package is 10 litres; (i) whenever a package contains mixed articles (items, batch numbers, serial numbers) a specific warning label is included; (j) all Goods composed of multiple parts are delivered in one single package; and (k) identical Goods are packaged in identical packaging (carton dimensions and quantity) unless otherwise approved by MSF Supply KSU in writing. 5.2 The Supplier acknowledges and agrees that the pallets will not be returned. 5.3 The Supplier shall ensure that: (a) a copy of the Packing List is sent to MSF Supply KSU prior to delivery. The Packing List shall include the following minimum information: - MSF Supply : i. KSU Purchase Order reference; - ; ii. Delivery address (MSF Supply address: KSU or the Consignee in accordance with Article 4.1 (Delivery) of these Conditions); - ; iii. Description and quantity of each Good delivered per package with reference to the package number; - ; iv. Batch numbers or Serial numbers for each Good delivered, expiry dates and related quantities; - ; v. Weight & volume of each package; - ; vi. Number of packages for each pallet; - ; vii. Total weight, total volume, total number of packages, total number of pallets; and - pallets viii. Name of manufacturer, country of origin for each Good delivered. (b) the following documents are provided with each delivery: - : i. Packing List (either as a separate document with the delivery or in a document bag on the external packaging); - ; ii. Certificate of origin (form COMESA, AGOA, EUR 1, Form A or EUR1GSP ); - ; iii. Bill of lading (originals – in case of seafreight); - Transport document (original) – Airway Bill, Bill of Lading or CMR; - ; iv. Shipper’s Declaration (where applicable); and - ; v. Customs documents and any other documents required for export or customs control (subject to mutual consultation). (c) each individual package contained on a pallet is visible from the exterior and contains the following minimum information, which shall also be visible from the exterior when packed on the pallet: - : i. Package number (each package shall be numbered separately); - ; ii. Supplier item reference (EAN product code in barcode where possible); - ; iii. Description of the Goods; - ; iv. Weight; - ; v. Quantity; - ; vi. Name of manufacturer; - ; vii. Composition; - ; viii. Batch number or serial numbers (with barcodes if possible); and - Expiry date. (d) any additional documents needed by MSF Supply prior to delivery including, without limitation, customs documents, are provided as soon as reasonably possible (on request from MSF Supply). 5.4 Notwithstanding the provisions of the applicable Incoterm, the Supplier shall be responsible for any loss or damage due to its failure to properly preserve, package, handle (before delivery) or pack the Goods. MSF Supply shall not be required to assert any claims for such loss or damage against the carrier involved.and