Common use of Shipping and Delivery Clause in Contracts

Shipping and Delivery. All leased Products will be shipped pursuant to Incoterms 2010 Ex-Works, with the delivery site for all continental United States and Canadian shipments being Marlborough, MA, or other applicable Doble facility (identified at time of order). Notwithstanding the foregoing, the delivery site for all ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Ltd. Products shall be LaSalle, Quebec, and the delivery site for all Manta Test Systems Ltd. Products shall be Mississauga, Ontario unless otherwise identified at the time of order. Except as specified in this Section, title and risk of loss, including payment of all transportation and insurance cost, pass to Buyer at Doble’s door. Buyer will choose the freight forwarder, customs broker, carrier and means of delivery; provided, however that Doble, in its sole discretion, maintains the ability to reject Buyer’s selection of freight forwarder, customs broker, carrier and means of delivery. If Doble rejects ▇▇▇▇▇’s selection of any of the above, Buyer will designate an alternative carrier, broker or means of delivery that is acceptable to Doble. ▇▇▇▇▇ is responsible for filing any claims with freight forwarders, customs brokers or carriers. Notwithstanding that risk of loss of the Products pass to Buyer at Doble’s door, the Products shall remain the personal property of Doble throughout the lease until fully paid for in cash by Lessee pursuant to a bona fide Doble offer for such Products. Any specifications, drawings, plans, notes, instructions, engineering notices, or technical data of Doble furnished to Lessee shall be deemed to be incorporated herein by reference the same as if fully set forth. Doble shall at all times retain title to all such documents, and Lessee shall not disclose such to any party other than Doble or a party duly authorized by Doble. If there is any situation where the parties desire to ship using any term different from or additional to Incoterms Ex- Works, such agreement must be explicitly set forth in a separate writing and signed by an officer or other authorized representative of Doble. Buyer must expressly declare the final destination of the Products on the applicable purchase order.

Shipping and Delivery. All leased Products 9. Any time or date named in any quotation for delivery is an estimate only. The Seller will not be shipped pursuant liable for any damages or loss of the Buyer arising directly or indirectly out of delay in delivery. 10. The Seller shall notify the Buyer of its readiness to Incoterms 2010 Ex-Works, with deliver the Goods and delivery site for all continental United States and Canadian shipments being Marlborough, MA, or other applicable Doble facility (identified at time shall be taken by the Buyer within the period specified in such notification. 11. If the Buyer does not accept delivery of order). Notwithstanding the foregoingGoods during the specified delivery period, the delivery site for all ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Ltd. Products shall be LaSalle, Quebec, and the delivery site for all Manta Test Systems Ltd. Products shall be Mississauga, Ontario unless otherwise identified at the time of order. Except as specified in this Section, title and risk of loss, including payment of all transportation and insurance cost, pass to Buyer at Doble’s door. Buyer will choose the freight forwarder, customs broker, carrier and means of delivery; provided, however that DobleSeller may, in its sole and unfettered discretion, maintains store the ability Goods at the Seller’s facility or other premises. During such storage, and notwithstanding anything to reject the contrary in this agreement, the Goods will be at the sole risk of the Buyer and the Seller shall not be responsible to insure, maintain or protect the Goods. The Buyer’s selection obligation to pay the Seller for the Goods shall remain in full force and effect notwithstanding any damage or destruction to or theft of freight forwarderthe Goods while they are being stored by the Seller pursuant to this section. 12. The Seller may charge the Buyer rent during such period of storage, customs brokerin addition to, carrier not in substitution for, any other payment or damages for which the Buyer may became liable to the Seller. Additional terms and means conditions governing the terms of deliverystorage shall be governed by the Seller’s form of Warehouse Receipt, available to the Buyer upon request. 13. Unless the Seller has specified in the Quotation that it will arrange for shipment to a destination specified by the Buyer, the Buyer shall take delivery of the Goods at the Seller’s premises and shall make proper provision for the transport or collection of the Goods from the Seller’s premises. If Doble rejects ▇▇▇▇▇’s selection the Seller has agreed to arrange shipment or if the method of any of shipment has not been specified by the aboveBuyer, Buyer will designate an alternative the Seller may in its sole and unfettered discretion select a shipping method and carrier, broker and the Seller shall not be liable for damage or means of delivery that is acceptable to Doble. ▇▇▇▇▇ is responsible for filing any claims with freight forwarders, customs brokers or carriers. Notwithstanding that risk of loss of the Products pass Goods even if the Seller was negligent in making such selection. 14. The Seller’s responsibility for the Goods ends upon release of the Goods to Buyer or to a carrier selected by Seller or Buyer, as the case may be. Buyer shall bear all risk of damage to or loss of the Goods from the time the Seller releases the Goods to the Buyer or a carrier at DobleSeller’s doorpremises. 15. Buyer shall examine the Goods upon receipt, and within five business days shall notify Seller in writing of any discrepancy between the type, number and quality of the Goods contracted for and those received. If such notice is not given, the Products shall remain the personal property of Doble throughout the lease until fully paid for in cash by Lessee pursuant to a bona fide Doble offer for such Products. Any specifications, drawings, plans, notes, instructions, engineering notices, or technical data of Doble furnished to Lessee Goods shall be deemed to be incorporated herein accepted by reference the same as if fully set forth. Doble shall at all times retain title to all such documentsBuyer, and Lessee Buyer shall not disclose such accept and pay for them in accordance to the payment terms agreed to by the parties. 16. If default is made by the Buyer in paying any sum due to Seller under this Agreement or any other agreement which the Buyer may have with the Seller, the Seller may, without notice and without prejudice to any party other than Doble remedies, either suspend all further deliveries until payment is made or a party duly authorized by Doble. If there is cancel the order and retain any situation where the parties desire Goods not yet delivered to ship using any term different from or additional to Incoterms Ex- Works, such agreement must be explicitly set forth in a separate writing and signed by an officer or other authorized representative of Doble. Buyer must expressly declare the final destination of the Products on the applicable purchase orderfor its own use absolutely.

Shipping and Delivery. All leased Products Scheduled shipping dates will be shipped pursuant assigned by Electro as close as practicable to Incoterms 2010 ExCustomer’s requested date based on Electro’s then-Works, with current production or lead times for the delivery site for all continental United States and Canadian shipments being Marlborough, MA, Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement or other applicable Doble facility form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (identified at time “EXW” also known as “EX Works”, named place of orderdelivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Notwithstanding Subject to Electro’s right of stoppage in transit, delivery of the foregoing, Product to the shipping carrier shall constitute delivery site for all ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Ltd. Products shall be LaSalle, Quebecto the Customer, and the delivery site for all Manta Test Systems Ltd. Products shall be Mississauga, Ontario unless otherwise identified at the time of order. Except as specified in this Section, title and risk of lossloss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route shall be made by Electro unless specified by Customer. Customer acknowledges that delivery dates provided by Electro are estimates only and Electro shall not be liable for delays in delivery or for failure to perform for any reason, including payment of all transportation and insurance costbut not limited to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, pass to Buyer at Doble’s door. Buyer will choose nor shall the freight forwarder, customs broker, shipping carrier and means of delivery; provided, however that Doble, in its sole discretion, maintains the ability to reject Buyer’s selection of freight forwarder, customs broker, carrier and means of delivery. If Doble rejects ▇▇▇▇▇’s selection of any of the above, Buyer will designate an alternative carrier, broker or means of delivery that is acceptable to Doble. ▇▇▇▇▇ is responsible for filing any claims with freight forwarders, customs brokers or carriers. Notwithstanding that risk of loss of the Products pass to Buyer at Doble’s door, the Products shall remain the personal property of Doble throughout the lease until fully paid for in cash by Lessee pursuant to a bona fide Doble offer for such Products. Any specifications, drawings, plans, notes, instructions, engineering notices, or technical data of Doble furnished to Lessee shall be deemed to be incorporated herein by reference Electro’s agent. Delivery of a quantity of Product, which varies from the same as if fully set forth. Doble shall at all times retain title to all such documentsquantity specified, and Lessee shall not disclose such to any party other than Doble or a party duly authorized by Doble. If there is any situation where the parties desire to ship using any term different from or additional to Incoterms Ex- Works, such agreement must be explicitly set forth in a separate writing and signed by an officer or other authorized representative of Doble. Buyer must expressly declare the final destination relieve Customer of the Products obligation to accept delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the applicable Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase orderprice for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destination.