3.1. DELIVERY OF THE MERCHANDISE
The Supplier shall deliver the merchandise to the Purchaser's storehouse. The deliveries shall be carried out within the periods of delivery defined in the Purchase Order.
Any modification to the Date of Delivery must be authorized, in writing, by the Purchaser. If the Supplier should wish to bring forward the delivery of merchandise, otherwise programmed for a later date, he must request written authorization from the Purchaser.
3.2. SUPPLY DELAYS
If the Supplier should deliver the merchandise outside the agreed period, the Purchaser shall have the right to cancel the order without prior notice.
In case of any delay of delivery the Purchaser will apply penalty which will equal to 4% of the value of the delayed article for each week of delay and any part of the week will be considered as a complete week and the value of the penalty will not exceed 10% and in any circumstances the delay will not exceed 30 days.
The Supplier is responsible for delivering the merchandise in perfect condition, without damage, impacts, scratches etc. He must, therefore, protect the merchandise with suitable packing.
In all cases, he must use correct packing to protect the merchandise against rough handling and corrosion.
The Supplier shall mark on the packing, any conditions or recommendations with respect to the correct handling of the merchandise.
The Supplier shall be responsible for any damage which happens to the merchandise due to deficient packing. The damage shall be repaired at no cost to the Purchaser.
Each package shall be marked as follows:
- Identification of the merchandise. Label which shows the Purchase Order number and the article code, both of these as given by the Purchaser, and the number of articles which the package contains.
- Symbols and instructions for the handling, transport, and storage of the merchandise.
The transport of the merchandise and the risks which arise from it shall be the responsibility of the Supplier until the arrival of the merchandise at the Purchaser's reception, except when this activity is under the Purchaser's responsibility.
3.6. PERIOD FOR CONFORMITY
The Purchaser reserves a period of fifteen working days, as from the real delivery date, in order to verify the merchandise, and to notify his conformity to the Supplier.
3.7. COMPLETION OF THE ORDER
The Order shall not be considered completed until all the merchandise, conforming to all the requirements, and all the certificates, instruction manuals, test material, etc., requested in the Purchase Order have been handed over.
The Purchaser shall have the right to cancel the Order, either totally or partially, at any moment, simply by notifying the Supplier in writing. The total quantity of material and work carried out up until that date shall be valued and compensated for, by mutual agreement between the Supplier and the Purchaser.
When the Supplier fails substantially to fulfil any of the conditions expressed in the Purchase Order, the Purchaser shall have the right to cancel the Order, without this implying any cost to the Purchaser.