Common use of DELIVERY DATES AND QUANTITIES Clause in Contracts

DELIVERY DATES AND QUANTITIES. 3.1. The agreed delivery dates and quantities are binding. Delivery dates and quantities determined in orders, recalls and delivery schedules refer to goods delivered to the warehouse of the Contracting Entity. They are based on the planned production programmes set forth by the Contracting Entity and must be respected by ensuring 100% delivery performance. These deadlines may be changed by the Contracting Entity as required, based on subsequently submitted recalls or delivery schedules. The delivery dates and quantities can be changed only by purchase of Contracting Entity. 3.2. The Supplier is bound to inform the Contracting Entity immediately of any eventual problem, which could potentially affect delivery dates or quotas which are anticipated for delivery. 3.3. The Supplier is bound to compensate the Contracting Entity for any damages related to delays. In case of a clear inability to deliver, apparent delay, actual delay or any other violation of the terms of purchase, the Contracting Entity reserves the right to cancel the entire order or part thereof to the Supplier and transfer the production on to another Supplier, thereby duly charging the former for the expenses incurred. In claiming compensation, the Contracting Entity will, in good faith, appropriately consider the economic circumstances of the Supplier, the type, scope and duration of the business relationship, as well as the value of the supplied goods. A component part of these “General terms of purchase” is also the Price List of Expenses, item B – Costs related to logistics problems. 3.4. For every delivery which will be performed before the determined date with regard to the respective order, the Contracting Entity reserves the right to: • Reject the goods at the costs of the Supplier; • Accept the goods, whereby the invoice shall be settled in the due dates provided in the order, while charging the Supplier the costs of storing the goods for each packaged unit at costs included in the Price List of Expenses item B, which serves as a component part of these terms. The Contracting Entity will determine the level of compensation for storage of goods once a year with regard to the scope and quantity of the premature delivery of goods. 3.5. Natural disasters and unpredictable measures taken by governments free the contracting partners of any contractual consequences and obligations for the duration of the disturbance. The contracting parties must immediately inform each other of any necessary details and obligations within their capacity to do so under the aforesaid circumstances, while accommodating to the changed circumstances, all in good faith.