Common use of PERFORMANCE AND DELIVERY Clause in Contracts

PERFORMANCE AND DELIVERY. (a) The delivery of all Goods and the performance of all Services must be made at the time, place, and in the manner, stated in the Purchase Order. (b) The Company may reasonably specify in writing to the Supplier another time, place or manner for delivery of Goods or performance of Services, in which case that other time, place or manner applies in place of that stated in the Purchase Order. (c) Time is of the essence. (d) The Supplier must ensure the Goods is adequately packed, marked and labelled to ensure their safe delivery and safe handling by the Company after delivery. All costs associated with packaging are the responsibility of the Supplier. (e) Goods will be packed in accordance with the requirements (if any) set out in the Purchase Order. Where packaging is not specified in the Purchase Order, the Goods will be packed in a form consistent with good industry practices and all applicable laws and safety requirements. Failure to comply with this clause 8(d)&(e) may result in the Goods being rejected and returned at the Supplier’s expense. (f) The Supplier must provide to the Company: (i) upon delivery of the Goods, all documents relating to the Goods including a consignment note, packing slip and all relevant safety information required by Law at the time of delivery; (ii) all documents relating to the Services upon completion of the Services; and (iii) any other documents reasonably requested by the Company.

PERFORMANCE AND DELIVERY. (a) The delivery of all Goods and the performance of all Services must be made at the time, place, and in the manner, stated in the Purchase Order. (b) The Company may reasonably specify in writing to the Supplier another time, place or manner for delivery of Goods or performance of Services, in which case that other time, place or manner applies in place of that stated in the Purchase Order. (c) Time is of the essence. (d) The Supplier must ensure the Goods is adequately packed, marked and labelled to ensure their safe delivery and safe handling by the Company after delivery. All costs associated with packaging are the responsibility of the Supplier. (e) Goods will be packed in accordance with the requirements (if any) set out in the Purchase Order. Where packaging is not specified in the Purchase Order, the Goods will be packed in a form consistent with good industry practices and all applicable laws and safety requirements. Failure to comply with this clause 8(d)&(e) may result in the Goods being rejected and returned at the Supplier’s expense. (f) The Supplier must provide to the Company: (i) upon delivery of the Goods, all documents relating to the Goods including a consignment note, packing slip and all relevant safety information required by Law at the time of delivery; (ii) all documents relating to the Services upon completion of the Services; and (iii) any other documents reasonably requested by the Company.