Common use of Delivery Clause in Contracts

Delivery. Whether or not a delivery is on time shall be determined by the time of receipt at the delivery point specified by Mondi Group, for deliveries including setup/assembly as well as services the time of acceptance shall be relevant. The supplier has to inform Mondi Group without delay about any foreseeable delay of a delivery or a service or about any deviation from the agreed quality respectively and has to obtain Mondi Group´s decision. Mondi Group´s acceptance of a delayed delivery/service shall not constitute a waiver of any rights of the Mondi Group, in particular but not limited to damage claims. Partial delivery of the quantity of products ordered in a single purchase order shall not be permitted, unless Mondi Group expressly agreed to them. If required to protect the goods from deterioration or destruction or generally prevent damages in this connection, the supplier will provide appropriate instructions regarding the storage, transport and handling of the goods sufficient time ahead of delivery. 4. Force majeure. “Force Majeure” shall mean any of the following circumstances beyond the reasonable control of, and unforeseeable for, the party affected thereby: acts of war (declared or undeclared) or terrorism, riot, flood, or other natural disaster, general strike, pandemic, epidemic, mandatory laws or regulations. If a party is hindered to fulfil its contractual obligations due to Force Majeure, the affected party shall notify the other party thereof without delay and the contractual obligation shall be postponed until the lapse of Force Majeure if no circumvention of the impairment due to Force Majeure is possible. Where the duration of the impediment invoked under this Article 4 exceeds 2 weeks, Mondi Group shall be entitled to cancel all open orders by giving written notice with retroactive effect. 5. Price, delivery, transfer of risk and ownership. In the absence of any other agreement, prices are free at the specified delivery point (DDP Incoterms 2020), including packaging. Supplier has to carry any costs due to or in connection with the import of the goods, in particular, but not limited to, value added tax (VAT). Mondi Group decides on the mode of transportation. As far as possible and permitted, Mondi Group is entitled to undertake the disposal of waste packing materials and charge these costs to the supplier. The supplier shall otherwise regularly collect packing at its own cost, as agreed. The transfer of risk takes place according to the agreed Incoterms. The transfer of ownership and title takes place upon delivery of the goods at the specified location and at the moment of the transfer of risk unless Mondi Group has already acquired ownership earlier. Retentions of title for the benefit of the supplier are not accepted.