Common use of PRODUCT DELIVERY Clause in Contracts

PRODUCT DELIVERY. The Contractor shall deliver the units ordered by an Authorized User within forty-five (45) calendar days of receipt of a Purchase Order unless either the Authorized User or OGS grants an extension of time as provided below. If upon receipt of a Purchase Order the Contractor determines it cannot meet the 45 calendar day delivery period the Contractor may submit a written request to the Authorized User to extend the required Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and shall conclude with delivery to the Authorized User. This timeframe shall include all work to be done by a Contractor and/or its Resellers. The Contractor must provide a Purchase Order receipt notification to the Authorized User within five (5) calendar days of receipt of a Purchase Order. An Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User of any delays, and be the main point of contact for all communications, even if using a Reseller to fulfill the order. Contractor shall submit a monthly report to OGS of any delays in delivery by using Attachment 8 – Delayed Delivery

PRODUCT DELIVERY. The Delivery of all Contract Products shall be made in accordance with Xxxxxxxx X, §00 Product Delivery and §33 Shipping/Receipt of Product. Delivery shall be made as specified and in accordance with instructions furnished with each order, unless otherwise directed in writing. Contractor must be prepared, at all times, to make prompt delivery. Every bid states what the maximum time a delivery will take from the moment of order, but the time shall never exceed forty-eight (48) hours. . In State declared emergencies, fuel must be delivered within eight (8) to twelve (12) hours of notification. Should there be a State declared emergency, an after-hours or weekend emergency, or should an agency run out of fuel at any time creating an emergency situation, the Contractor shall deliver be required to provide product within eight (8) to twelve (12) hours of a telephone call from the units ordered by agency. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS, Procurement Services. On occasion, to prevent fuel run outs during storms or other emergency situations, the Contractor must allow Authorized Users the flexibility to manually schedule deliveries to top-off tank inventories. Normal deliveries are considered to be Monday thru Friday (8:00 am - 5:00 pm). Saturday/Sunday deliveries are not standard and are to be made on an emergency basis (and not a regular basis) ONLY, or if a run out is imminent before the next normal delivery day. Delivery of fuel should give first priority to “Human Needs Customers.” Failure to make prompt delivery may result in an Authorized User within forty-five (45) calendar days of receipt User’s submission of a Purchase Order unless either Contract Performance Report to OGS. In addition to any available remedies per Appendix B, Section 48 Remedies for Breach, (a), (d) and (e), the Authorized User shall have the right to purchase sufficient fuel on the open market to fill such tank or OGS grants an extension tanks and to charge any increase in price paid over the current contract price to the account of the Contractor. Authorized Users shall be responsible for ensuring that tanks are accessible to the Contractor. Authorized Users should also make certain that receiving personnel are available at time as provided belowof delivery. If Failure of the Authorized User to make appropriate delivery arrangements, which prevents the delivery of product upon receipt of Contractor’s arrival at delivery site, may result in a Purchase Order the Contractor determines it cannot meet the 45 calendar day delivery period the Contractor may submit a written request charge to the Authorized User to extend for the required Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and shall conclude with delivery to the Authorized User. This timeframe shall include all work to be done by a Contractor and/or its Resellerstransportation costs. The Contractor must provide a Purchase Order receipt notification to the Authorized User within five (5) calendar days of receipt of a Purchase Order. An Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User of the attempted delivery prior to charging for any delaysfuture delivery attempts for the same circumstance. The Contractor must state the amount that would be charged for the direct cost of this subsequent delivery attempt, and provide supporting documentation that substantiates the direct cost for the failed delivery at the fault of the Authorized User. The Authorized User must agree in writing to any such costs for subsequent delivery attempts, prior to the Contractor making the subsequent delivery. At no time should a charge be the main point applied to an Authorized User for an attempted delivery that failed at no fault of contact for all communications, even if using a Reseller to fulfill the order. Contractor shall submit a monthly report to OGS of any delays in delivery by using Attachment 8 – Delayed Deliverytheir own.

PRODUCT DELIVERY. The ‌ Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product. Delivery shall be made as specified and in accordance with instructions furnished with each order, unless otherwise directed in writing. Contractor must be prepared, at all times, to make prompt delivery. Every bid states what the maximum time a delivery will take from the moment of order, but the time shall never exceed forty-eight (48) hours. In State declared emergencies, fuel must be delivered within eight (8) to twelve (12) hours of notification. Should there be a State declared emergency, an after-hours or weekend emergency, or should an agency run out of fuel at any time creating an emergency situation, the Contractor shall deliver be required to provide product within eight (8) to twelve (12) hours of a telephone call from the units ordered by agency. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS, Procurement Services. On occasion, to prevent fuel run outs during storms or other emergency situations, the Contractor must allow Authorized Users the flexibility to manually schedule deliveries to top-off tank inventories. Normal deliveries are considered to take place Monday through Friday (8:00 am - 5:00 pm). Saturday/Sunday deliveries are not standard and are to be made on an emergency basis (and not a regular basis) ONLY, or if a run out is imminent before the next normal delivery day. Delivery of fuel should give first priority to “human needs” customers. Failure to make prompt delivery may result in an Authorized User within forty-five (45) calendar days of receipt User’s submission of a Purchase Order unless either Contract Performance Report to OGS. Per Appendix B, Section 48(a), (d), and (e), the Authorized User shall have the right to purchase sufficient diesel fuel on the open market to fill such tank or OGS grants an extension tanks, and to charge any increase in price paid over the current contract price to the account of the Contractor. Authorized Users shall be responsible for ensuring that tanks are accessible to the Contractor. Authorized Users should also make certain that receiving personnel are available at time as provided belowof delivery. If Failure of the Authorized User to make appropriate delivery arrangements, which prevents the delivery of product upon receipt of Contractor’s arrival at delivery site, may result in a Purchase Order the Contractor determines it cannot meet the 45 calendar day delivery period the Contractor may submit a written request charge to the Authorized User to extend for the required Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and shall conclude with delivery to the Authorized User. This timeframe shall include all work to be done by a Contractor and/or its Resellerstransportation costs. The Contractor must provide a Purchase Order receipt notification to the Authorized User within five (5) calendar days of receipt of a Purchase Order. An Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User of the attempted delivery prior to charging for any delaysfuture delivery attempts for the same circumstance. The Contractor must state the amount that would be charged for the direct cost of this subsequent delivery attempt, and provide supporting documentation that substantiates the direct cost for the failed delivery at the fault of the Authorized User. The Authorized User must agree in writing to any such costs for subsequent delivery attempts, prior to the Contractor making the subsequent delivery. At no time should a charge be the main point applied to an Authorized User for an attempted delivery that failed at no fault of contact for all communications, even if using a Reseller to fulfill the order. Contractor shall submit a monthly report to OGS of any delays in delivery by using Attachment 8 – Delayed Deliverytheir own.

PRODUCT DELIVERY. The Delivery of all Contract Products shall be made in accordance with Xxxxxxxx X, §00 Product Delivery and §33 Shipping/Receipt of Product. Delivery shall be made as specified and in accordance with instructions furnished with each order, unless otherwise directed in writing. Contractor must be prepared, at all times, to make prompt delivery. Every bid states what the maximum time a delivery will take from the moment of order, but the time shall never exceed 24 hours. Should there be an after-hours or weekend emergency or should agency run out of Gasoline and E-85 at any time creating an emergency situation, or in a state declared emergency, the Contractor shall deliver be required to provide product within eight (8) to twelve (12) hours of a telephone call from the units ordered by agency or notification. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS, Procurement Services. On occasion, to prevent fuel run outs during storms or other emergency situations, the Contractor must allow Authorized Users the flexibility to manually schedule deliveries to top-off tank inventories. Normal deliveries are considered to be Monday thru Friday (8:00 am - 5:00 pm). Saturday/Sunday deliveries are not standard and are to be made on an emergency basis (and not a regular basis) ONLY, or if a run out is imminent before the next normal delivery day. Delivery of Gasoline and E-85 should give first priority to “Human Needs Customers.” Failure to make prompt delivery may result in an Authorized User within forty-five (45) calendar days of receipt User’s submission of a Purchase Order unless either Contract Performance Report to OGS. In addition to any available remedies per Appendix B, Section 48 Remedies for Breach, (a), (d) and (e), the Authorized User shall have the right to purchase sufficient Gasoline on the open market to fill such tank or OGS grants an extension tanks and to charge any increase in price paid over the current contract price to the account of the Contractor. Authorized Users shall be responsible for ensuring that tanks are accessible to the Contractor. Authorized Users should also make certain that receiving personnel are available at time as provided belowof delivery. If Failure of the Authorized User to make appropriate delivery arrangements, which prevents the delivery of product upon receipt of Contractor’s arrival at delivery site, may result in a Purchase Order the Contractor determines it cannot meet the 45 calendar day delivery period the Contractor may submit a written request charge to the Authorized User to extend for the required Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and shall conclude with delivery to the Authorized User. This timeframe shall include all work to be done by a Contractor and/or its Resellerstransportation costs. The Contractor must provide a Purchase Order receipt notification to the Authorized User within five (5) calendar days of receipt of a Purchase Order. An Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User of the attempted delivery prior to charging for any delaysfuture delivery attempts for the same circumstance. The Contractor must state the amount that would be charged for the direct cost of this subsequent delivery attempt, and provide supporting documentation that substantiates the direct cost for the failed delivery at the fault of the Authorized User. The Authorized User must agree in writing to any such costs for subsequent delivery attempts, prior to the Contractor making the subsequent delivery. At no time should a charge be the main point applied to an Authorized User for an attempted delivery that failed at no fault of contact for all communications, even if using a Reseller to fulfill the order. Contractor shall submit a monthly report to OGS of any delays in delivery by using Attachment 8 – Delayed Deliverytheir own.