Common use of Delivery; Storage Clause in Contracts

Delivery; Storage. All deliveries shall be made in accordance with any timelines set out in the Agreement. Supplier shall not, however, be liable for delay due to causes beyond Supplier’s reasonable control and without its fault or negligence, provided, Supplier exercises reasonable diligence in notifying Customer of the conditions which are causing the delay. Title to and risk of loss of each Deliverable shall transfer from Supplier to Customer upon delivery of such Deliverable EXW Supplier’s facility (INCOTERMS 2010) (“Delivery”). Evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up a Deliverable upon Delivery by Supplier, Supplier shall store such Deliverable at Supplier’s facilities or third-party storage location for 30 days at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third-party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Deliverables stored by Supplier, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Deliverable; (iii) Customer is responsible for any decrease in market value of such Deliverable that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance for such Deliverable during the storage period, if desired; and (v) Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer.

Delivery; Storage. All Unless otherwise specified in the Agreement, all deliveries shall be made in accordance with any timelines set out in the Agreement. Supplier Provider shall not, however, be liable for delay due to causes beyond SupplierProvider’s reasonable control and without its fault or negligence, provided, Supplier exercises reasonable diligence in notifying Customer of the conditions which are causing the delay. Title to and risk of loss of each any tangible Deliverable shall transfer from Supplier Provider to Customer upon delivery of such Deliverable EXW SupplierProvider’s facility (INCOTERMS Incoterms 2010) (“Delivery”). Evidence For manufactured batch materials, evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier Provider to assist with any arrangements with the carrier, such arrangements will be made by Supplier Provider on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up a tangible Deliverable upon Delivery by SupplierProvider, Supplier Provider shall store such Deliverable at SupplierProvider’s facilities or third-party storage location for 30 days at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at SupplierProvider’s (or third-party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Deliverables stored by SupplierProvider, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Deliverable; (iii) Customer is responsible for any decrease in market value of such Deliverable that relates to factors and circumstances outside of SupplierProvider’s control; (iv) Customer is responsible for obtaining insurance for such Deliverable Deliverables during the storage period, if desired; and (v) Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer.