Common use of Delivery dates Clause in Contracts

Delivery dates. 4.1. The terms of delivery stated on the Order Acknowledgement are indicative, wi- thout prejudice to the Vendor’s undertaking to observe the same as far as possible. 4.2. In any event, given the indicative nature of the terms of delivery, the Vendor shall in no circumstances be held responsible for any direct or indirect damage to the Buyer on account of late delivery. 4.3. The Vendor is entitled to postpone the delivery deadline or suspend the delive- ry of the contractual material, at its unchallengeable discretion: a) should the Buyer fail to observe the conditions of payment established or be late in fulfiling its contractual obligations (such as, by way of a non-limiting example, the sending of advances, granting of guarantees, issue and presentation of credit instruments and other financial fulfilments) including those relating to previous re- lations with the Vendor; b) force majeure and like instances, such as, by way of a non-limiting example strikes, lock-outs or abstention from labour, epidemic, war, requisition, fire, flood, processing incidents and stoppages and/or delays in transportation, blackout or inadequacy of power supplies and any other event that cannot be attributed to the Vendor or its suppliers; c) failure on the part of the Buyer to provide the Vendor, in good time, with any information it has undertaken to provide and necessary for the supply and/or ma- terials to be delivered. d) when amendments are made to the Order, even with the Vendor’s acceptance; e) in the event of difficulties in procurement of raw materials. In cases in which suspension of supplies or extension in delivery deadlines are due to causes that can be referred in any way to the Buyer (such as, by way of a non limiting example, those cases set forth in the previous paragraph under points a, c and d), the Vendor shall be entitled to claim compensation from the Buyer for the damage suffered.

Delivery dates. 4.1. The terms of delivery stated on the Order Acknowledgement are indicative, wi- thout without prejudice to the Vendor’s undertaking to observe the same as far as possiblepos- sible. 4.2. In any event, given the indicative nature of the terms of delivery, the Vendor shall in no circumstances be held responsible for any direct or indirect damage to the Buyer on account of late delivery. 4.3. The Vendor is entitled to postpone the delivery deadline or suspend the delive- ry of the contractual material, at its unchallengeable discretion: a) should the Buyer fail to observe the conditions of payment established or be late in fulfiling its contractual obligations (such as, by way of a non-limiting example, the sending of advances, granting of guarantees, issue and presentation of credit instruments and other financial fulfilments) including those relating to previous re- lations relations with the Vendor; b) force majeure and like instances, such as, by way of a non-limiting example strikes, lock-outs or abstention from labour, epidemic, war, requisition, fire, flood, processing incidents and stoppages and/or delays in transportation, blackout or inadequacy of power supplies and any other event that cannot be attributed to the Vendor or its suppliers; c) failure on the part of the Buyer to provide the Vendor, in good time, with any information it has undertaken to provide and necessary for the supply and/or ma- terials to be delivered. d) when amendments are made to the Order, even with the Vendor’s acceptance; e) in the event of difficulties in procurement of raw materials. In cases in which suspension of supplies or extension in delivery deadlines are due to causes that can be referred in any way to the Buyer (such as, by way of a non limiting example, those cases set forth in the previous paragraph under points a, c and d), the Vendor shall be entitled to claim compensation from the Buyer for the damage sufferedsutfered.